H-1B visa: Laid-off workers in US get B1/B2 cushion

In fact, the US has this facility for anyone visiting the country on B1 (business) or B2 (tourist) status, the USCIS stated. The clarification is expected to assuage fears of Indian citizens on H-1B visa in the US amid widespread layoffs in the IT sector, which are said to have affected over 1 lakh Indians. In the first quarter of 2023 itself, layoffs — or “workforce reductions” — have been effected by tech giants such as Google, Amazon, Microsoft, Yahoo, and Zoom. Several startups have also announced job cuts across sectors.

The USCIS stated, “Many people have asked if they can look for a new job while in B-1 or B-2 status. The answer is, yes.”

In a series of tweets, it clarified that “searching for employment and interviewing for a position are permissible B-1 or B-2 activities”.

However, it is not permissible to engage in employment on B1/B2 visas. “If you are in B-1 or B-2 status, please remember you may not engage in employment within the domestic labour market (also known as ‘local labour for hire’) while in B-1 status or engage in any employment while in B-2 status,” the USCIS said.

Before beginning any new employment, a petition and request for a change of status from B-1 or B-2 to an employment-authorised status must be approved, and the new status must take effect, the US government agency stated. Even those planning to look for employment in the US can use B1/B2 visas. The US recently said that it will process a million non-immigrant visa applications in India in 2023. At present, a thousand interviews are being conducted in India on a daily basis for B1 and B2 visas. The US had also extended interview waivers for B1/B2 cases, in case the applicants have had a US visa before, even if in another category.

The embassy and consulates in India have already processed over 2 lakh visa applications so far this year, as per statistics provided by a US Embassy spokesperson in New Delhi.