Entering the United States every day for job searching
A question online I saw recently is (paraphrasing): I live in Nuevo Progreso, Mexico. I’ve been trying to find a job in Mcallen, Texas so I’ve been crossing every day. Just today, the border agent told me what I’m doing is wrong and I can’t be crossing like that. Any truth to that?
Is the border officer correct? Is this job seeker violating U.S. immigration law?
What is a B-1 business visitor visa?
According to USCIS, a B-1 business visitor visa is suitable if “you will be participating in business activities of a commercial or professional nature in the United States in business activities of a commercial or professional nature in the United States.”
What are legitimate uses of a B-1 business visitor visa?
Additionally, USCIS states these activities as legitimate activities under B-1 status:
- Consulting with business associates
- Traveling for a scientific, educational, professional or business convention, or a conference on specific dates
- Settling an estate
- Negotiating a contract
- Participating in short-term training
- Transiting through the United States: certain persons may transit the United States with a B-1 visa
- Deadheading: certain air crewmen may enter the United States as deadhead crew with a B-1 visa
In a tweet, USCIS confirmed that job searching is a legitimate use of entering in B-1 status
When does multiple entries in B-1 status become problematic?
Although you can enter the United States in B-1 status multiple times does not mean that you should. U.S. Customs and Border Protection will evaluate the reasons for why you want to enter the United States and how long you plan on staying. So, for the scenario above, the CBP officer is going to question if it is really necessary to enter the United States every day to search for a job. The answer is “probably not”.
There may be times when you must enter the United States for an interview or testing and, in those cases, you should not have a problem entering. However, if there is not a specific need for your entry or you are asking to stay longer than a reasonable amount of time to complete your business activity, you can expect to receive push back, or even refusal, when attempting to enter. Therefore, you should ask yourself if it is really necessary for you to enter as a business visitor before attempting to do so.
Additional Questions?
The above does not constitute legal advice but is legal information. If you want advice specific to your situation, please do not hesitate to contact me.
Last Updated on February 16, 2025 by Ernest J. Edwards
