H1B to B2 Change of Status Path Now Heavily Scrutinized Under Current Administration

A previously common strategy for H1B visa holders who lost their jobs — filing a Change of Status (COS) to B2 tourist visa while searching for new employment — has become significantly more risky under the current administration. During the Biden administration, USCIS itself recommended this approach on its official website, leading many displaced H1B workers to use B2 status as a bridge between positions. The USCIS page recommending this approach has since been archived, and the agency is now treating job searching on a B2 visa as a misuse of that visa category. Initial B2 COS applications from former H1B holders are experiencing prolonged pending periods, and B2 extension requests face intense scrutiny, including demands for proof of ties to the applicant's home country such as return flight tickets, property ownership, or documentation of tourism activity. A critical downstream consequence is affecting H1B transfers: if an employer files an H1B transfer petition while the applicant's B2 status remains pending, USCIS is issuing Requests for Evidence (RFEs) demanding proof of approved B2 status to confirm lawful presence. H1B transfers will not be approved while B2 adjudication is outstanding, leaving workers in a prolonged legal limbo. Immigration attorneys have confirmed this pattern is actively occurring. Workers currently on H1B are advised not to assume they have a full 60-day or 6-month grace period to secure new employment. The situation has become increasingly precarious in recent months, and reliance on the B2 COS strategy carries substantially higher risk than it did previously. For EB-3 applicants and other employment-based visa holders, this development underscores the importance of securing new sponsorship quickly after a job loss and consulting an immigration attorney before filing any COS application.