Recently, the U.S. Citizenship and Immigration Services (USCIS) officially announced on its Twitter account that holders of B-1 and B-2 (short-term business and travel) visas can legally participate in interviews and seek employment within the United States!
The B-1 visa is primarily issued for short-term business travel, while the B-2 visa is primarily issued for tourism purposes. It is well known that holders of these two types of visas are not permitted to work within the United States.
Industry analysts suggest that the USCIS's new regulation may be a response to the recent mass layoffs at companies such as Google, Microsoft, and Amazon, which have left many H-1B visa holders unemployed. They must find new employment within the 60-day period stipulated by their work visa regulations, or they will have to leave the country. With the introduction of the new USCIS regulation, it means they can change their visa status to a tourist visa and remain in the U.S., and they can seek employment and interview while on a tourist visa, effectively extending their legal stay in the U.S.
However, it is important to note that being able to seek employment does not mean one can start working immediately. The USCIS reminds that future employers must ensure that employees change their visa type to a work visa before starting new employment. If an applicant is hired, they must apply to change their status from B-1 or B-2 to a work visa status and obtain approval before they can begin working. If the status change is denied, the applicant must leave the U.S. and re-enter on an H-1B visa.
The USCIS has outlined four methods to address the issue of finding new employment: submitting a non-immigrant status change application, submitting an adjustment of status application, submitting an application for employment authorization under "compelling circumstances," or becoming a beneficiary of a non-frivolous petition for a change of employer.
If these applications are submitted within the 60-day grace period, even if they have lost their previous non-immigrant status, they can continue to stay. If no action is taken during the grace period, they may need to leave the U.S. within 60 days or when their visa expires, whichever comes first.
The new regulation introduced by the USCIS is good news for H-1B visa holders. However, for those who wish to fundamentally resolve the difficulties of "staying in the U.S.," plan to live and develop in the U.S. long-term, and enjoy benefits such as work, education, and retirement, it is still necessary to reasonably plan their immigration status and promptly apply for a green card as the best strategy!
In fact, EB-5 investment immigration is a more secure choice. The new EB-5 legislation passed in March 2022 has made significant adjustments to the rules of EB-5. A major benefit is that it provides investors born in mainland China with an option to bypass the waiting period, specifically for projects under the EB-5 visa reserved category (20% for rural area projects, 10% for high-unemployment area projects, and 2% for infrastructure projects), which currently have no waiting period and allow for rapid immigration to the U.S.
Additionally, the new legislation allows eligible applicants to submit both the I-526E/I-526 immigration application and the I-485 adjustment of status application simultaneously. When submitting the I-485 application, applicants can also apply for travel permission (I-131) and work authorization (I-765). Upon receiving the I-485 receipt, applicants can legally stay in the U.S. for an extended period; approval of the I-765 application (3-6 months) grants them a work permit to legally choose their employment; approval of the I-131 application (6-12 months) grants them advance parole (AP) to legally travel in and out of the U.S. This means that after these applications are approved, they can work freely in the U.S. and travel in and out, and both the applicant and their spouse can work legally, while their children can attend local public schools and apply for local state government health insurance, enjoying most of the conveniences of life as U.S. residents.
For investors, if they apply for an immigration category without a waiting period and are already in the U.S. and meet the relevant conditions, they can submit the I-485 adjustment of status application simultaneously with their immigration application, thus allowing them to live and work in the U.S. more quickly. Previously, there were a group of investors who submitted both the I-526E immigration application and the I-485 adjustment of status application, along with applications for travel permission (I-131) and work authorization (I-765). Currently, these investors have begun to receive work permits and can legally choose their employment in the U.S.
We remind all investors to reasonably plan their status, choose the EB-5 new law visa reserved projects, and take advantage of the "dual submission + no waiting period" to make their path to immigrate to the U.S. smoother!
Now is the time to seize the opportunity for expedited immigration to the U.S. without a waiting period!
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Great news! Great news! Congratulations to the U.S. EB-5 immigration program for the diamond-level rural project landing in China. We are grateful for the trust and support of our new and old clients. WorldWay Immigration is offering significant discounts from March 1 to March 31, 2023. Sign a contract to enjoy substantial discounts across all immigration projects, with options from 18 countries (regions), ensuring there is a suitable option for you.
For more details, please send us a private message in the comments section or call the WorldWay Immigration service hotline: Mainland China: 400-138-2929, Hong Kong: (852)2802 8798.
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