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IMMIGRATION APRIL 28, 2023 | The Indian Eye 36
Making Sense of USCIS’s Twitter Posts
on Applying for Jobs or Attending
Interviews While in Visitor Visa Status
BY CYRUS D. MEHTA and tion for B-1/B-2 visa holders ment within the domestic
to work in the United States. labor market (also known as
KAITLYN BOX*
The tweet read as fol- “local labor for hire”) while
lows: “Many people have in B-1 status or engage in
n April 11, 2023, US- asked if they can look for a any employment while in B-2
CIS’s post on Twit-
Oter created a great new job while in B-1 or B-2 status”
“Before beginning any
status. The answer is, yes.
deal of interest and some Searching for employment new employment, a petition
confusion. The tweet indi- and interviewing for a posi- and request for a change of
cated that nonimmigrants tion are permissible B-1 or status from B-1 or B-2 to an
can apply for jobs or attend B-2 activities.” employment-authorized sta-
job interviews while in B-1 or The USCIS clarified its tus must be approved, and
B-2 status. The post was the response in a series of three the new status must take ef-
subject of numerous press ar- additional tweets stating: fect.”
ticles, with some incorrectly “If you are in B-1 or B-2 “Alternatively, if the
interpreting it as a change in status, please remember you change of status request is
USCIS policy or authoriza-
may not engage in employ- denied or the petition for new
employment requested
consular or port of entry
notification, the individ-
ual must depart the U.S.
and be admitted in an
employment-authorized
classification before be-
ginning the new employ-
ment.”
A screen shot of
these tweets, the first
of which received over for employment and inter- depart the United States and
130,000 views, is repro- viewing for a position are be admitted in an employ-
duced below. permissible B-1 or B-2 activi- ment-authorized classifica-
ties. By statute, however, you tion before beginning the
may not engage in employ- new employment.
USCIS also linked to ment within the domestic In a previous blog, we
labor market (also known as suggested that terminat-
a page on its website “local labor for hire”) while ed noncitizen workers who
entitled “Options for in B-1 status or engage in needed to remain in the U.S.
any employment while in B-2 beyond the 60-day grace pe-
Nonimmigrant Work- status. Before beginning any riod could file a change of
m of ers Following Ter- new employment, a petition status to B-2.
CYRUS D. MEHTA & PARTNERS PLLC and request for a change of 9 FAM 402.2-5(B) lists
mination of Employ- status from B-1 or B-2 to an activities that a B-1 visitor
ment” that includes employment-authorized sta- may engage in in the U.S.,
tus must be approved, and which include negotiating
the following guid- the new status must take contracts, consulting with
ance:
effect. Alternatively, if the business associates, and par-
change of status request is ticipating in conferences or
denied or the petition for seminars. Visitors for plea-
Q: Can I look for a new employment requested sure may enter the United
new job while in B-1 or
2 6th Floor B-2 status? consular or port of entry no- States for purposes including
A: Yes, searching
tification, the individual must tourism, making social visits
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