How laid-off tech workers can stay on in the US, by switching from H1-B to B1/B2 visa

What is the H1-B visa?

The H-1B is a temporary (non-immigrant) visa category that allows employers to petition for highly educated foreign professionals to work in “specialty occupations” that require at least a bachelor’s degree. Jobs in fields such as mathematics, engineering, technology, and medical sciences often qualify for this visa type. While the initial duration of an H-1B visa is three years, it may be extended.

Since the category was created in 1990, Congress has limited the number of H-1Bs made available each year. The current annual statutory cap is 65,000 visas, with 20,000 additional visas for foreign professionals who graduate with a master’s degree or doctorate from the US.

What is B1/B2 visa?

Visitor visas are non-immigrant visas for those who want to enter the US temporarily for business (B-1), for tourism (B-2), or for a combination of both purposes (B-1/B-2). Interviews are generally required for visa applicants with certain exceptions, pertaining to age-group and whether it’s a first-time applicant or a renewal case. B1/B2 allows for multiple entries and is generally issued for a period of 10 years, where a person can stay for up to six months at a time.

However, an individual on a visitor visa (B1/B2) is not permitted to accept employment or work in the US, even as searching for employment and interviewing for a position are permissible B-1 or B-2 activities.

Before beginning any new employment, a petition and request for a change of status from B-1 or B-2 to an employment-authorised status must be approved, and the new status must take effect, the US Citizenship and Immigration Services (USCIS) says.

How to switch from H1-B to B1/B2 and vice-versa

In case someone loses a job while on H1-B status but wants to stay on in the US, she can file a change of status to B1/B2 and continue to look for the next H-1b sponsor. The B2 status-change application may take several months to be processed after filing, during which a person can continue to appear for interviews and find another job. In case someone finds the next sponsor even before the B2 application is approved, she can withdraw the plea.

However, a B1/B2 visa requires one to furnish ample financial evidence, to show the applicant can self-fund the entire stay in the US, and some proof of ties to your home country.

On the other hand, if someone has travelled to the US on B1/B2, and wants to convert it into H1-B upon getting a job offer, the person may be able to request a change in the non-immigrant status to another category through USCIS.