Article Summary

USCIS has clarified that nonimmigrant workers facing layoffs have options beyond the 60-day grace period to maintain authorized stay, such as filing for status change or adjustment of status. The agency also stated that individuals on B-1 or B-2 tourist/business visas are permitted to search for and interview for jobs in the U.S. However, new employment can only commence after a change of status to an employment-authorized classification is approved and takes effect.

TNP AI: Key Insights

This USCIS clarification is vital for H-1B visa holders and other nonimmigrant workers, especially during periods of layoffs, as it explicitly details options to extend their authorized stay beyond the standard 60-day grace period and confirms that job searching is permissible on B-1/B-2 visas. This guidance provides much-needed reassurance and actionable steps for individuals facing employment transitions, allowing them to navigate their status with greater certainty.

Historically, the 60-day grace period itself was a significant improvement from prior stricter rules, and this update further elaborates on its utilization. For employers, understanding these pathways is crucial for supporting their foreign workforce, while for the broader skilled immigration landscape, it highlights the ongoing need for clearer and more flexible policies amidst a competitive global talent market.