USCIS scrutiny of H-1B workers seeking B-2 status is creating new uncertainty for laid-off professionals. Attorneys report more evidence requests, questions about temporary intent and job hunting, and pressure to secure a transfer or leave.

USCIS increases scrutiny of B-2 applications

Laid-off H-1B workers generally have up to 60 days to secure new employment, change immigration status or leave the United States. Many have used B-2 visitor status as a temporary bridge while considering new jobs or preparing to depart.

Immigration attorneys now say U.S. Citizenship and Immigration Services is examining these applications more closely, including through denials and Requests for Evidence. Applicants may be asked to show that they maintained lawful status, can support themselves financially and genuinely qualify as temporary visitors.

Job hunting creates questions over visitor intent

Some USCIS notices have questioned whether interviewing or seeking employment is consistent with B-2 status. The classification does not authorize employment, making job-search activity a central issue in some cases.

That scrutiny can leave laid-off professionals with fewer practical options during the 60-day grace period. Without an approved B-2 application or a new employer filing an H-1B transfer, a worker may have to leave the country.

One worker faces renewed uncertainty

Maya moved to the United States in 2019 to study digital media at the University of Southern California. She later worked as a UX writer through Optional Practical Training and obtained H-1B status.

After a layoff, she changed to B-2 status, found another technology job and returned to H-1B employment. When that team was later dissolved, she applied again for B-2 status and is awaiting a decision.

She is considering Singapore, Malaysia, London or Mumbai while also exploring possible eligibility for an O-1 visa.

Attorneys urge careful planning

Immigration lawyers caution that moving from H-1B to B-2 should not be treated as an automatic safeguard. Applicants may need strong evidence of temporary intent, financial support and plans to depart if required.

Forming a startup that files an H-1B petition may be another option, but the company must show a valid employer-employee relationship and the ability to pay the required prevailing wage. For laid-off skilled workers, tighter review increases pressure to make immigration and career decisions quickly.