The US Citizenship and Immigration Services (USCIS), nevertheless, requested prospective employees to be certain the candidates have improved their visa position before starting off the new purpose.
In a be aware, and a sequence of tweets, the USCIS stated when nonimmigrant employees are laid off, they might not be informed of their solutions and might, in some situations, wrongly think that they have no possibility but to go away the country in just 60 times.
The greatest 60-working day grace time period starts the working day following termination of work, which is commonly decided primarily based on the very last day for which a salary or wage is paid.
#USCISAnswers: Numerous people have questioned if they can search for a new task when in B-1 or B-2 standing. The solution is, yes… https://t.co/DkWFpPkVGm
— USCIS (@USCIS) 1679494279000
When a nonimmigrant worker’s employment is terminated, both voluntarily or involuntarily, they commonly may possibly take a person of the a number of steps, if suitable, to keep on being in a time period of authorised continue to be in the United States.
These include submitting an application for a transform of nonimmigrant status submitting an software for adjustment of status submitting an application for a “compelling conditions” work authorization doc or be the beneficiary of a nonfrivolous petition to change employer.
“If one of these steps happens in just the up to 60-working day grace time period, the nonimmigrant’s interval of licensed keep in the United States can exceed 60 days, even if they get rid of their past nonimmigrant status,” the USCIS claimed.
If the employee takes no motion in the grace time period, they and their dependents may possibly then require to depart the United States inside 60 days, or when their approved validity period finishes, whichever is shorter, it said.
“Many folks have requested if they can appear for a new task whilst in B-1 or B-2 standing. The response is, sure. Exploring for employment and interviewing for a position are permissible B-1 or B-2 pursuits,” the US Citizenship and Immigration Companies mentioned.
At the very same time, the USCIS mentioned that right before starting any new work, a petition and ask for for a change of position from B-1 or B-2 to an work-approved position should be accepted, and the new position should take result.
“Alternatively, if the adjust of standing request is denied or the petition for new employment asked for consular or port of entry notification, the specific should depart the U.S. and be admitted in an work-approved classification in advance of starting the new employment,” the USCIS explained.