15

I have got 10-year multiple entry US VISA on my Indian passport. I got it to attend a technical conference.

  1. I was curious to know if I give job interview during this visit?
  2. I may not have time in this visit, but what if I go after couple of months with $3000 of my saving to sustain for a month and look for job. Is this legal?

I know I need H1-B VISA to work there, but I feel it is easier to get job (even if sponsorship is needed) to be face2face with potential employers. So, is it legal to look for job with B1/B2 ? Can I mention that to immigration officer?

PS: Yes, I'm Software Developer :P

6
  • 3
    Hi and welcome to Travel SE. Unfortunately questions about immigration are off-topic here. Maybe you want to commit the expat proposal on Area51
    – Gagravarr
    Commented Sep 18, 2013 at 16:49
  • 5
    I disagree @Gagravarr. He's asking if while he's in the US on a business trip to attend a conference whether it's legal for him to look for a job. Now if he got a job and then wanted to move there he might then have some immigration and/or expat questions, but this is a travel question. In fact I think it might be a dupe. Commented Sep 18, 2013 at 18:26
  • 10
    Seems to be a duplicate of: Can you search for a job when using a tourist visa (B-2) in the US Commented Sep 18, 2013 at 18:32
  • 2
    The other question is specifically for B-2 visas whereas this question is about a B-1/B-2 visa. I'm not a US visa expert but if the former is a tourist visa and the latter is a business visa then the answers could be quite different and separate questions could be warranted. Especially since we have more a controversy than a definitive answer over there. Commented Sep 19, 2013 at 1:14
  • 1
    I've also asked a new variant of this question: Is it permitted to look for a job while visiting the US under the visa waiver program? Commented Sep 19, 2013 at 1:14

2 Answers 2

14

Just looking at the summary of the B-1 Visa from the state department and USCIS item #4 states that one of the potential reasons for B-1 Visa is:

  • negotiate a contract

So based on this you can conduct a job interview, which is a form of negotiating a contract for yourself. What you cannot do is to be employed and receive payments for services in the United States while on B-1 visa without employment authorization.

For any other information I would suggest contacting an Immigration lawyer since I am not one and laws and precedents tend to change.

3
  • 1
    "Can I mention that to immigration officer?" It would be madness to do that. Anyone reading the above Q, don't do that!
    – Fattie
    Commented Oct 5, 2016 at 18:51
  • Hi @karlson. I would dismiss the idea that "negotiate a contract" includes seeking work or interviewing for a job. if you are interviewing for a job you, very simply, are not "negotiating a contract". You're just being interviewed by some boss, so that the boss can see he they like you. even more significantly "looking for work" has nothing to do with either a meeting or a contract
    – Fattie
    Commented Oct 5, 2016 at 18:54
  • Note too that this anecdote, assuming true, is a knockout example: travel.stackexchange.com/a/45270/19233
    – Fattie
    Commented Oct 5, 2016 at 18:55
-4

You cannot seek for employment while you are in US on B1/B2. If you get job offer, then US employer has to file Petition first for you. Only with approved petition, you can apply Temporary Workers visa at US Embassy in your home country.

However, you can have the company apply for a change of status and become an H1B. That's about the only work status you can change to from a B1/B2. Maybe an H2A/B. But again, it's the employer who files and pays, not you.

5
  • As discussed in the other question, I'm fairly sure you are incorrect -- while you are prohibited from actually working on any B* visa, there is nothing stopping you from attending job interviews etc. Commented Sep 29, 2013 at 23:41
  • @jpatokal No, 'cause a job interview would mean you are looking for work and the B1/B2 visas are only for visitors. You can go to meetings because it's part of your current job elsewhere but the interviews are a whole different thing. If you tell the CBP Officer at the port of entry that you are coming to the USA to look for a job he/she will turn you around and put you on the first flight back to where you come from.
    – Onizuka
    Commented Sep 30, 2013 at 0:13
  • 2
    INA Act 212 Sec 5a says aliens entering the US for the purpose of performing work are prohibited. What's your reference? uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/… Commented Sep 30, 2013 at 2:00
  • @jpatokal Why don't you just tell the immigrant officer the truth what your purpose of the trip is? It's off topic asking this question here since the outcome is about seeking job on a tourist visa.
    – Onizuka
    Commented Oct 2, 2013 at 21:28
  • 4
    A B1/B2 is a tourism & business visa. If you tell the officer "I have a job interview at Google, then I'm going to the Grand Canyon, and here's my flight home to my family in one week's time", you will almost certainly be granted entry, and the other question has a poster who has done just this several times. Commented Oct 3, 2013 at 0:18

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .