USCIS has recently altered its guidance regarding the permissibility of job searching for B-2 visa holders, resulting in increased denials for laid-off H-1B workers. Previously, USCIS indicated that searching for employment was a permissible activity under the B-2 visa; however, recent denials suggest a shift in this policy, leading to confusion and concern among affected individuals.
Key Details:
- USCIS’s previous guidance allowed job searching and interviewing as permissible B-1 or B-2 activities.
- The recent denials cite job searching as a pretext for B-2 status, contrary to earlier guidance.
- The change in stance has not been accompanied by any new regulations or statutory changes.
- Affected individuals are encouraged to respond to denials, as legal arguments can be made based on the text of the previous guidance.
This policy shift may significantly impact laid-off H-1B workers seeking to transition to B-2 status while searching for new employment opportunities. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.
Source: Kevin J. Andrews