Archive · 29 Jul 2026
H-1B Holders Face Deportation as B-2 Switch Blocked
Some people come to the US on H-1B visas to work.
If they lose their jobs, they sometimes switch to B-2 visas, which are for tourists, to look for new jobs.
But now, the US immigration office (USCIS) is saying this is not allowed.
They are rejecting these visa switches or asking for more proof.
This is making it hard for people like Maya, who came to study and then work, to stay in the US.
Attorneys say it's now risky to try this switch and suggest other options, like starting their own companies.
USCIS is rejecting B-2 visa applications from H-1B holders who are job-hunting.
B-2 visas are for tourists and do not permit job-seeking.
H-1B holders like Maya face deportation if they cannot find a job within 60 days.
Attorneys advise documenting intent to return home and consider starting own companies.
Potential alternatives include O-1 visas or establishing startups.
- Who
- H-1B visa holders, USCIS
- What
- USCIS is blocking the B-2 visa route for H-1B holders who are job-hunting.
- When
- Currently, with recent policy changes.
- Where
- United States
- Why
- USCIS is enforcing the rule that B-2 visas do not permit job-seeking.
USCIS Policy
H-1B Holders
Visa Usage
USCIS Policy
USCIS asserts that seeking employment or interviewing for positions is impermissible in B-2 status.
H-1B Holders
H-1B holders argue that the B-2 visa has been used as a bridge while job-hunting, and the sudden change in policy is unfair.
Documentation Requirements
USCIS Policy
USCIS requires careful documentation of intent to return to home country for B-2 classification.
H-1B Holders
H-1B holders find it challenging to meet these new documentation requirements, especially after building a life in the US.
- Visa Types Involved
- H-1B, B-2
- USCIS Policy Change
- Rejecting B-2 applications or issuing Requests for Evidence
- Maya's Situation
- Layoff, switch to B-2, potential deportation
- Attorney Advice
- Document intent to return home, consider entrepreneurial routes
- Potential Alternatives
- O-1 visa, establishing own companies