B-1 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previous "premium processing" policy for B-1/B-2 and subsequent H-1B applications under the Trump administration has been archived by the current administration. This means that policy is no longer in effect, and a new official policy has not been explicitly stated.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.

The process for filing a B2 extension for job searching after an H1B layoff is the same as the initial B2 application, using Form I-539. However, the supporting letter and evidence should detail your job search efforts, including companies contacted and resumes sent, and demonstrate sufficient financial resources to avoid unauthorized employment. While an attorney isn't strictly necessary for most cases, it can provide peace of mind, especially if you have the means. If you receive a Request for Evidence (RFE), you can always hire an attorney at that stage.