If you lose your H-1B employment in the United States, you are granted a period of 60 days to secure a new position. If this timeframe elapse without a new employer submitting a transfer application, many people who have been laid off from their visa jobs typically opt to transition to a B-2 tourist visa, allowing them additional time to continue their job search. However, this alternative solution is now facing significant challenges.
Event Context
Immigration authorities are progressively denying the change of status from H-1B to B-2, placing skilled workers in a difficult situation that, for many people, culminates in a return flight to their home country.
Immigration attorney Vic Goel from Goel & Anderson informed Forbes that the agency is currently denying these cases or issuing Requests for Evidence that pose challenging inquiries. “USCIS is issuing notices that raise questions about maintenance of status, purpose of stay and financial support. More troubling, some of these notices assert that seeking employment or interviewing for positions is impermissible in B-2 status,” Goel stated.
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The complexity is inherent in the visa itself. The B-2 visa is designated for tourism — it does not allow the holder to engage in work or actively pursue employment. Utilizing it as a means to facilitate job searching has always occupied a grey area, and authorities are now tightening regulations in that regard.
In its report, Forbes reported Maya’s story who arrived in the US in 2018 to pursue a degree in digital media at the University of Southern California, a STEM program that provided her with the opportunity for Optional Practical Training as a UX writer. After her employer submitted an application for her H-1B visa, it required three attempts before she was successful. However, shortly after, she faced a layoff.
Player Focus
Maya transitioned to a B-2 visa, secured a position at a fintech company, and began to regain her stability. Unfortunately, her team was subsequently disbanded, leaving her in a familiar position. She contacted the same attorney who assisted her during her initial transition and is currently awaiting news on the approval of her visa switch, as reported by Forbes.
Match Outlook
If she does not secure a job promptly, or if the situation does not improve, her choices will become significantly limited. She is considering Singapore, Malaysia, and London, as well as a potential return to Mumbai. In an interview with Forbes, she mentioned that she might qualify for an O-1 visa, although that application process presents its own challenges.
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According to her account, the concern extends beyond merely a visa issue. “I’d been in search of creative spaces. LA gave that to me. It gave me access to creativity that made me feel expansive and inspired. I was immersed in music and culture, and surrounded by ambitious people from around the world. Leaving now would be giving up this sense of home,” she told Forbes.
