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Involved that overseas staff affected by Silicon Valley’s latest large-scale layoffs might “wrongly assume they don’t have any possibility however to depart the nation inside 60 days”, U.S. Citizenship and Immigration Providers (USCIS) has been actively advising aliens on social media about what their choices are to lawfully stay in the US ought to they be terminated. International staff usually have a 60-day grace interval after the top of their employment to both receive new employment, per a lawful work visa program, or request for a change of nonimmigrant standing.
USCIS lately tweeted the next:
#USCISAnswers: Many individuals have requested if they will search for a brand new job whereas in B-1 or B-2 standing. The reply is, sure. Trying to find employment and interviewing for a place are permissible B-1 or B-2 actions.
Be taught extra: https://t.co/zFEneq28L9⬇️— USCIS (@USCIS) March 22, 2023
Whereas USCIS accurately claimed that aliens should provoke the method for altering their immigration standing to at least one that’s work-authorized earlier than they could start employment, the company’s response nonetheless took many specialists within the immigration world abruptly.
The very fact is, most of these actions immediately battle with Congress’ restriction that B-1 and B-2 nonimmigrant visa holders solely go to the US for the aim of partaking in respectable enterprise actions or tourism, respectively, in addition to possess an intention to return dwelling earlier than their visas expire. (Usually, B-1 or B-2 visas are legitimate for not more than six months.) In an effort to even receive a B-1 or B-2 visa, candidates should often sit for an interview at a U.S. embassy or consulate to persuade a consular officer that the aim of their journey meets these limitations and that the candidates intend to depart after their short-term enterprise or tourism actions are accomplished. The Immigration and Nationality Act goes so far as to require that B-1 and B-2 visa holders preserve a residence overseas that they’ve “no intention of abandoning”, and consular officers will reject functions if aliens can not reveal that they’re abiding by this requirement or that they can not afford to journey dwelling.
Furthermore, looking for employment in the US doesn’t fall below the that means of a respectable enterprise exercise for the aim of B-1 visa eligibility. The U.S. Division of State’s International Affairs Handbook (FAM) describes permissible enterprise actions as these restricted to partaking in industrial transactions “which don’t contain gainful employment in the US”, resembling negotiating contracts; consulting with associates; actions associated to litigation; enterprise impartial analysis; and taking part in academic, skilled, or enterprise conventions, conferences, or seminars. Moreover, the FAM explicitly states that, “the issuance of a B-1 visa will not be acceptable for candidates who intend to acquire and interact in employment whereas in the US.”
How can aliens declare that they intend to return to their dwelling nations whereas concurrently interviewing for positions in the US? Whereas it’s conceivably true that an alien might expertise a change of intention after arriving in the US or have interaction in actions aside from enterprise or tourism whereas right here (though enterprise or tourism should nonetheless be the first objective of an alien’s journey), it’s solely inappropriate for USCIS to current “looking for employment” whereas in B-1 or B-2 standing as a permissible exercise or, even worse, recommend it’s an possibility for lately laid-off staff, most of whom are solely allowed to work in the US to fill respectable gaps within the labor market — to not immediately compete with American staff.
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