Can B-2 visa (visitor visa) holder interview for jobs?

[w¡n9Nµ7 §£@¥€r 123]

I know a B-2 can not accept employment.

Can they seek employment? The assumption is that once an offer was made, the B-2 holder would return to their home country and apply for the appropriate visa.

I have googled this and have found mixed opinions.

[William33 110]

I know a B-2 can not accept employment.

Can they seek employment? The assumption is that once an offer was made, the B-2 holder would return to their home country and apply for the appropriate visa.

I have googled this and have found mixed opinions.

Sure you can, just as you could with a tourism visa. One is not working, simply interviewing. Following a firm offer of employment, the individual could then apply for an appropriate working visa.

[w¡n9Nµ7 §£@¥€r 123]

What if his intent is to eventually settle in the US (i.e. immigrant intent)? Then isn't it wrong for him to come here on a B-2 (visitor visa) to interview for jobs?

[William33 110]

What if his intent is to eventually settle in the US (i.e. immigrant intent)? Then isn't it wrong for him to come here on a B-2 (visitor visa) to interview for jobs?

B-2 is aka a business visa. If in the course of business, a job is offered.....No need for TMI

Qualifying for a Visa

Applicants for visitor visas must show that they qualify under provisions of the Immigration and Nationality Act. Applicants must demonstrate that they are properly classifiable as visitors under U.S. law.

The presumption in the law is that every visitor visa applicant is an intending immigrant. Therefore, applicants for visitor visas must overcome this presumption by demonstrating that:

The purpose of their trip is to enter the U.S. for business, pleasure, or medical treatment;That they plan to remain for a specific, limited period;

Evidence of funds to cover expenses in the United States;

Evidence of compelling social and economic ties abroad; and

That they have a residence outside the U.S. as well as other binding ties which will insure their return abroad at the end of the visit.

http://travel.state.gov/visa/temp/types/types_1262.html#3

[w¡n9Nµ7 §£@¥€r 123]

Understood.

[Caladan 19]

What if his intent is to eventually settle in the US (i.e. immigrant intent)? Then isn't it wrong for him to come here on a B-2 (visitor visa) to interview for jobs?

Intent's keyed to the duration of the visit, isn't it? So if I intend, eventually, in the back of my head, to retire to C.'s family farm in Canada, I have immigration desire, but when I fly up there to bring him here in a few weeks, I don't have intent, because I plan on leaving Canada after that visit. (Proof is always another matter entirely, but intent is more specific than just having a general desire.)

If your friend interviews, accepts the job, and leaves to get the H1-B (or whatever), no problems.

[Yodrak 7]

William,

You've got that backwards - B2 is a tourist visa, B1 is a business visa.

Yodrak

B-2 is aka a business visa. .....

Edited March 27, 2007 by Yodrak

[Yodrak 7]

Gupt,

No. No more than it's wrong for a fiance(e) or spouse to come to the USA to visit their partner while waiting for their K or immigrant visa to process.

For any entry the issue is, what's the purpose of this entry? One can enter as a visitor to plan their future wedding, or even to marry, as long as once the plan is completed they intend to leave. One can enter to find a future job as long as they don't work during the visit and once their searching is done (whether the search is successful or not) they leave.

Yodrak

What if his intent is to eventually settle in the US (i.e. immigrant intent)? Then isn't it wrong for him to come here on a B-2 (visitor visa) to interview for jobs?

[William33 110]

William,

You've got that backwards - B2 is a tourist visa, B1 is a business visa.

Yodrak

B-2 is aka a business visa. .....

Yodrak,

Thanks for the clarification, speed reading does hurt at times. Anyway, the spirit of the message is accurate.

[Andy 2]

There is, as one would expect, another facet to this question which warrants a brief mention.

Since the long-term goal in seeking or attending interviews implies an intent to remain, and thus immigrant intent as a whole, two factors are crucial - that there is in fact a legitimate path to lawful employment in the US for the B visa holder, and that IF ASKED the B visa holder states that an intent exists to attend one or more interviews if such is planned or scheduled at the time of entry.

Both factors go to the heart of immigrant intent. Thus if, for example, a K-1 beneficiary visits on a B-2 and has an interview, there's no issue because the K-1 is only for those cases where immigrant intent is clearly demonstrated. On the other hand, if the B visa holder has no legitimate long-term immigrant path, attending interviews for work and not declaring that to be his or her intent at the time of entry could create considerable problems later on, since by most measures of such things, the lack of indication of that intention would very likely be considered a material factor in the granting of admission, and the lack of statement to that effect would thusly have potentially very harmful impact on future visa applications.

Of course, that's a bit of a strictly 'rules based' issue rather than anything, but it just goes to show why differing opinions can be expected even in relatively simple situations!

[Nikita2Charles 32]

I have a few experiences with B2 visa.

A person can work here on a business visa, there's a CATCH. They can't get paid in US, normally they will get paid in their home country, BUT they can receive per Diem for their expenses while they are working here in the US.

I have a few guys from India, they are here as consultant as such, they get paid in India by their company. But they do get $50 per diem a day. So when you add it up it's extra funds for the person working here.

Thats' about 2000INR a day. comes to 60,000INR a month.

But they can only stay up to a Maximum of 3 months, then go back to their countries at time they can come back again, but too many visit will start to raise RED FLAGS with INS and IRS as if you are here on Training or Business how can you be spending more time here than your home country. So the company overseas would rotate them.

So after about 3 months, that's a total of 1.6 Laks in addition to their salary.

Another secret, Lot of the business hotels out here offer FREE BREAKFAST, FREE DINER, so they only have to buy lunch, and minor expenses.

B2 gives the person a lot of exposure at the company they work here in the US as such their chances of getting an H1 is much great, and at the same time once they get sponsorship, The green card is the next target.