Laid-Off H-1B Workers Consider Switching to Visitor Visas Amid Tech Layoffs

Recent layoffs at major companies like Google, Microsoft, Tesla, Amazon, and Walmart have left many H-1B visa holders in the United States without jobs. These layoffs have raised questions about whether switching to B-1 or B-2 visitor visas is a good option for those affected. This article explores that possibility based on USCIS guidelines.

What Happens to H-1B Visa Holders During Layoffs?

When H-1B visa holders are laid off, they get a 60-day grace period to find a new job. If they can't find a job within that time, they have other options, such as changing their visa status or returning home. Many laid-off workers are considering changing their visas, which is allowed by US Citizenship and Immigration Services (USCIS).

Should You Switch to B-1 or B-2 Visas?

Switching from an H-1B visa to a B-1 or B-2 visa allows immigrants to stay in the US for an additional 6 months. This gives them more time to search for jobs without the pressure of having to leave the country right away. According to USCIS guidelines, other options include switching to student status (F-1) or visitor status (B-1 or B-2).

It's important to note that while on a B-1 or B-2 visa, individuals are not allowed to work. However, they can continue looking for jobs and attending interviews.

How to Switch Back to a Work Visa Like H-1B?

If a new employer files a petition (Form I-129) for an H-1B visa with a request for premium processing, USCIS will process this petition along with any pending change of status application (Form I-539) at the same time. This means there shouldn't be any delay in processing the H-1B petition because of the pending visitor visa application.

If USCIS approves the H-1B petition, the individual can start working again without needing to leave the US to get the new visa status.