Understanding the Implications of USCIS's Tweet on B Visa and Job Searches

Author: Ting Geng Esq., Kevin Li, Sherry Zhang

On March 22, the United States Immigration Services (USCIS) posted a mysterious tweet, which caused countless heated discussions. Our firm’s phone rang non-stop ever since. Let's see what this tweet says:

1.    Caution for Visitor/Tourism Visa Status Change

The USCIS clarified that individuals on B1/B2 visas can search for jobs and attend interviews in the US, but changing their status within 90 days of entering may trigger an investigation. Consequently, this may cause future visa difficulties or even repatriation.
To avoid complications, wait for at least 90 days before attempting a status change.

2.     B-1/B-2 to H-1B? Mind the Timeline

H-1B lottery winners must file petitions between April 1st and June 30th, with the status becoming effective on October 1st. B visa holders should be aware of this tight timeline, as the maximum stay on a B visa is six months. Careful planning is crucial.

B visa holders should beware of the timeline!
For instance, if you remain inactive in the United States for 90 days and submit your H-1B petition on June 30th, right at the deadline, you'll still need to wait an additional 92 days (from June 30th to October 1st), totaling a minimum of 182 days. Considering the maximum stay for a B visa holder in the US is six months, this timeline is extremely tight. We strongly advise careful consideration.
That said, B visa may be a temporary solution for H-1B visa holders if they cannot find the next job within the 60-day H-1B portability window.

3.     Job Search on B Visa: Not a New Policy, but Limitations Apply

Read the tweet carefully: USCIS's tweet emphasized that searching for a job and attending interviews on a B visa is permissible, but entering the labor market is not. B visa holders must obtain a valid work visa (ex. H-1B, O-1, L-1, E-2) before commencing employment.

4.   USCIS Targeting H-1B Holders at Risk of Layoffs

The tweet may be intended for H-1B holders facing job cuts in the technology industry.
These individuals typically have a 60-day grace period to find a new employer and maintain their H-1B status. However, current layoffs make this challenging, so switching to a B visa may provide additional time to secure new job opportunities without leaving the US.

In conclusion, B visa holders can search for jobs and attend interviews, but cannot work until they obtain a valid work visa. H-1B holders at risk of redundancy may consider temporarily adjusting to a B visa for more job search time. Regardless of the situation, it is crucial to follow US Immigration Service regulations and avoid potential pitfalls.

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