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Can laid off H-1B visa holders switch to tourist visas? Here’s what USCIS says
In the wake of recent layoffs, immigration workers in the United States are facing a dire situation. Top companies like Google, Microsoft, Tesla, Amazon, and Walmart have significantly reduced their workforce, which has raised the number of laid off H-1B visa holders. This leads one to ask whether it is worth switching to B-1 or B-2 visitor visas. In this article, we will explore whether it is an option worth considering based on the USCIS guidelines.
What happens to H-1B visa holders during layoffs?
When H-1B visa holders are laid off, they are given a grace period of 60 days, allowing them to find new jobs. Should they fail to do so, they can explore other options—change the status of their visas or fly back home.
As company after company lays off hundreds of employees, immigrant workers are leaning towards visa transitions, which is a perfectly viable option per the US Citizenship and Immigration Services.
Should you transition to B-1 or B-2 visas?
Upon the transition of H-1B visa to either B-1 or B-2, immigrants are granted an additional 6-month stay in the US. This extension allows them to continue their search for jobs without the pressure of flying back to their country should they reach the deadline.
According to the USCIS guideline titled Options for Nonimmigrant Workers Following Termination of Employment, “Other possible nonimmigrant options include student status (F-1) or visitor status (B-1 or B-2).”
Note: When an immigrant transitions to B-1 or B-2, they are not allowed to work until they get back their H-1B visa status. However, they can continue their search for jobs or interviews for future positions while holding a visitor visa.
How does one change back to working visas like H-1B?
In the FAQ section of their website, the USCIS answered the query in depth:
“Will my pending I-539 change of status application to B-1 or B-2 be prioritized if I find a new employer who files an I-129 petition with a request for premium processing service?”
The answer reads, “If an employer files a Form I-129 petition on your behalf, along with a request for premium processing service, we generally will process the pending I-539 and the I-129 together during the premium processing timeframe and issue concurrent decisions. This means there should be no delay in adjudication of the I-129 because of the pending I-539. No formal request is required for the pending I-539 to be prioritized.”
“If we approve the I-129 petition, including any requested change of status, then you generally will obtain the nonimmigrant status requested on the I-129 petition (not the I-539), and may begin working. You generally would not need to depart the United States to obtain the requested nonimmigrant status in this scenario,” the answer adds.
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