H-1B visa holders who are laid off from their jobs within just 60 days to find a new employer have a difficult time in the United States.
Maya, a former international student from India, shared the difficulties H-1B visa holders face in the US after being laid off. These visa holders have 60 days to find a new job where their new employer files an H-1B transfer application.
But this 60-day period is not always enough to get a new job.
The next possible situation is to apply to change from an H-1B visa to a B-2 visa, which is a tourist visa and gives more time for applicants to find jobs.But now immigration officials are not allowing this change in status to happen smoothly. Immigration lawyer EC Joel of Joel & Anderson told Forbes that officials are now denying such cases and are seeking RFEs (requests for evidence).
“USCIS issues notices that raise questions about maintenance of status, purpose of residency, and financial support. Most troubling is that some of these notices assert that job searching or interviewing for positions is not permitted on B-2 status,” Joel said.The Forbes report shared a case study of Maya, who came to the United States in 2019 and studied digital media at the University of Southern California. It was a STEM program and she worked as a user experience writer during her elective practicum.
The company where she was doing the optional voluntary work applied for an H-1B visa. Maya obtained the H-1B on her third and final attempt. But then she was laid off. I turned B-2 and got a job at a fintech company.Everything went well for Maya until her team was disbanded and she was back in the same situation again. She reached out to the same attorney who last helped her convert from an H-1B to a B-2. While she waited for a response, she told Forbes how she was preparing for the future.If Maya does not find a job or is denied an H-1B to B-2 conversion, she will have to leave the United States. She will have to look for jobs in Singapore, Malaysia and London and may have to return to Mumbai and look for options. Maya said she may be eligible for an O-1 visa.
“Los Angeles has become my home”
“I moved to the US in 2019, and Covid happened soon after,” Maya said. “Over the years, Los Angeles has become my home in ways I never expected. By 2021, I had graduated with a STEM degree, found a job in technology and built friendships that became my core community.Maya said she didn’t come to the United States just to get a college degree or a job. “I was looking for creative spaces. Los Angeles gave me that. It gave me access to creativity that made me feel expansive and inspired. I was immersed in music and culture, surrounded by ambitious people from all over the world. To leave now would be like giving up that feeling of home.” “It seems that the system that made this journey possible now stands in my way,” she added.
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Why has switching from H-1B to B-2 become a problem?
The B-2 visa is not a work visa and searching for jobs is not permitted on a B-2 visa as tourists in the United States are not allowed to work or seek work. Immigration attorney Aseel Williams said it is now not advisable to switch from H-1B to B-2 because USCIS is examining the process.“Even if someone chooses to pursue a change of B-2 status, they must carefully document their intent to return to their home country, because B-2 classification requires nonimmigrant intent,” Williams said.“Some technology professionals with sufficient financial resources choose to start their own companies and offer H-1B transfers through their startups,” Williams added. “To do this successfully, the employer-employee relationship must be properly documented, and the company must have sufficient funds to pay at least the required prevailing wage.”
