Is applying for a B-1/B-2 visa still an option for individuals who have been laid off while on an H-1B visa?
Yes, applying for a B-1/B-2 visa (visitor visa) is still an option for laid-off H-1B holders. While there have been policy changes and clarifications from the US government regarding this, individuals are currently receiving approvals for B-1/B-2 applications.
Key Points and Best Practices:
Archived Policy: The previous "premium processing" policy for B-1/B-2 and subsequent H-1B applications under the Trump administration has been archived by the current administration. This means that policy is no longer in effect, and a new official policy has not been explicitly stated.
Current Practice: Despite the archived content, immigration attorneys are reporting successful B-1/B-2 approvals for individuals who have been laid off.
Job Searching on B-1/B-2: Historically, looking for a job was considered an impermissible activity on a B-1/B-2 visa. However, current practice and some recent USCIS guidance suggest that attending interviews and discussing potential roles is permitted.
Contradictory Stance: There have been instances where Request For Evidence (RFEs) were issued for B-1/B-2 to H-1B conversions, stating that job searching is not allowed on a B-1/B-2. However, upon "fighting back," the government has sometimes flip-flopped, asking for proof of job search efforts. This highlights the evolving and sometimes inconsistent nature of the policy.
Honesty and Documentation are Crucial:
Always tell the truth: When applying for a B-1/B-2, clearly state that you were unexpectedly laid off and are looking for a new job.
Prove financial stability: Demonstrate that you have sufficient funds to support yourself during your stay without needing to work.
Document your job search: Maintain detailed records of your job search efforts, including:
Resumes sent out
Companies contacted
Dates of contact
Interview details and outcomes
This documentation can be vital if an RFE is issued.
Conversion to H-1B: If you secure a new H-1B job offer while on B-1/B-2, your new employer will need to file an H-1B petition on your behalf. You cannot begin working until your H-1B status is approved. In some cases, USCIS may process a pending B-1/B-2 and a new H-1B petition concurrently, especially if the H-1 B is premium processed.
Stay Informed: Immigration policies can change. I will post further updates on my LinkedIn, so keep an eye out there.
Also see Rajiv Khanna's Author Page in THE ECONOMIC TIMES
In summary, while the official stance on B-1/B-2 for laid-off H-1B holders has been ambiguous, the practical experience suggests it remains a viable option. The key is to be truthful in your application, demonstrate financial self-sufficiency, and meticulously document all job search activities.