US tourist, business visa holders can apply for jobs, give interviews now

New York : Travellers on US business or tourist visas can apply for new jobs and even appear in interviews for prospective jobs now.

However, the US Citizenship and Immigration Services (USCIS), asked prospective employees to ensure the applicants have changed their visa status before starting the new role.

In a note, and a series of tweets, the USCIS said when nonimmigrant workers are laid off, they may not be aware of their options and may, in some instances, wrongly assume that they have no option but to leave the country within 60 days.

The maximum 60-day grace period starts the day after termination of employment, which is typically determined based on the last day for which a salary or wage is paid.

When a nonimmigrant worker's employment is terminated, either voluntarily or involuntarily, they typically may take one of the several actions, if eligible, to remain in a period of authorised stay in the United States.

These include filing an application for a change of nonimmigrant status; filing an application for adjustment of status; filing an application for a "compelling circumstances" employment authorisation document; or be the beneficiary of a nonfrivolous petition to change employer. 

"If one of these actions occurs within the up to 60-day grace period, the nonimmigrant's period of authorised stay in the United States can exceed 60 days, even if they lose their previous nonimmigrant status," the USCIS said.

If the worker takes no action within the grace period, they and their dependents may then need to depart the United States within 60 days, or when their authorised validity period ends, whichever is shorter, it said.