In the wake of recent layoffs, many H-1B visa holders in the United States are facing uncertainty. Major companies like Google, Microsoft, Tesla, Amazon, and Walmart have significantly reduced their workforces, leaving numerous H-1B visa holders without jobs. This has led many to question whether switching to B-1 or B-2 visitor visas is a viable option. Here, we explore this possibility based on the latest guidelines from USCIS.
Transitioning from H-1B to B-1/B-2 Visas
According to the US Citizenship and Immigration Services (USCIS), laid-off H-1B visa holders can transition to B-1 or B-2 visitor visas to extend their stay in the US. This option provides an additional six-month period to remain in the country, offering more time to search for new employment opportunities without the immediate pressure of having to leave the US.
What Happens to H-1B Visa Holders During Layoffs?
When H-1B visa holders are laid off, they are granted a 60-day grace period to find new employment. If they cannot secure a job within this timeframe, they have several options: they can change their visa status, such as switching to a B-1 or B-2 visa, or return to their home country.
Should You Transition to B-1 or B-2 Visas?
Transitioning to a B-1 or B-2 visa can be a strategic move. This change allows immigrants to stay in the US for an additional six months, giving them more time to look for jobs and attend interviews. However, it is important to note that while on a B-1 or B-2 visa, they are not permitted to work. They can only search for jobs and prepare for future employment opportunities.
How to Change Back to H-1B or Other Working Visas
The process of switching back to an H-1B or other working visa involves the following steps, as outlined by USCIS:
If an employer files a Form I-129 petition for a new H-1B visa, along with a request for premium processing service, USCIS will typically process this petition concurrently with any pending I-539 application for changing status to a B-1 or B-2 visa. This means there should be no delay in the adjudication of the I-129 petition due to the pending I-539 application.
Once the I-129 petition is approved, the individual can obtain the nonimmigrant status requested in the petition and begin working without needing to leave the United States.
Final Thoughts
Switching to a B-1 or B-2 visa can provide a much-needed respite for H-1B visa holders facing job loss, giving them additional time to secure new employment. However, this transition requires careful planning and understanding of USCIS guidelines to ensure compliance and avoid any legal issues. By staying informed and proactive, laid-off H-1B visa holders can navigate these challenging times more effectively.
