H-1B Crackdown: No More B-1/B-2 Transfer After Layoff?

The US Citizenship and Immigration Services is reportedly changing how it processes H-1B to B-1 or B-2 visa transfers. The shift comes as more laid off workers attempt to move to visitor status. This development has raised concern among immigration lawyers.

Emily Neumann, co founder of Reddy Neumann Brown PC, says her firm has seen a rise in Requests for Evidence, Notices of Intent to Deny and outright rejections. These cases involve workers who applied to switch from H-1B to B-1 or B-2 after job loss.

For years, this transfer route was considered compliant with existing rules. Terminated employees used the 60 day grace period to file Form I 539 and move to visitor status. This allowed them to remain in the US while searching for new opportunities.

Recent adjudications, however, reportedly argue that job searching is not permitted under B-2 status. Neumann maintains that the law restricts performing labour, not attending interviews. She says there is a clear legal distinction between the two.

Another reason cited in denials is that later filing an H-1B petition contradicts the visitor intent required for B-2 status. The law firm argues that intent should be assessed at the time of filing. Future actions, they say, should not automatically invalidate earlier intent.

Historically, US immigration law has allowed individuals to change plans if circumstances shift. However, lawyers believe the current scrutiny is narrowing the long used H-1B to B-2 pathway. The impact is being closely watched, especially by Indian tech professionals in the US.