Switching from H-1B to B-1 or B-2 was a time-tested legal path to stay in the US when one loses their job but this route has now come under scrutiny.
Changing the status from H-1B to B-1/B-2 visa has been considered as a safe and legal path to stay in the US when an H1-B visa holder loses their job. There has been no new rule calling this illegal but the USCIS archived the website pages that indicated that job searching and interviewing may be permissible under B-1 or B-2 classification. And if one switches from B-1/B-2 to H-1B after finding a job, then it becomes easier for the administration to take a step as they can say that the individual never had ‘tourist’ intent.
It’s not clear whether ‘archived’ means ‘rescinded’ and whether the USCIS now considers this as illegal, according to immigration experts. But now the USCIS is not allowing this, even if all legalities are maintained. But now there are denials as job searching is not a permissible activity for a tourist visa holder.
Going by the law, one can’t start working under B-1 or B-2 visa but exploring jobs is not prohibited. “The statute has not been amended to prohibit job searching under B-2. Neumann said that the recent denials suggest that B-1/B-2 filings after H-1B layoff are under heightened scrutiny. It does not mean that B-2 filings are categorically impossible but applicants must document their case carefully.
Because earlier switching from H-1B to B-2 was permitted, immigration attorney Emily Neumann said USCIS has not made it clear whether they have changed their policy.
Until those legal authorities change, the prohibition remains what Congress enacted: employment, not exploration,” Neumann said. The regulation has not been rewritten.