Is USCIS Setting a Trap for H-1B Workers Filing B-1/B-2 After Termination?

A recent legal analysis from RNL Law Group raises concerns about USCIS adjudicatory language that may be expanding the statutory prohibition under INA §101(a)(15)(B) beyond its original scope. The analysis focuses on whether terminated H-1B workers who file for B-1/B-2 visitor status to continue job searching are facing unlawful scrutiny from immigration authorities. Under INA §101(a)(15)(B), B nonimmigrant status is explicitly defined to exclude individuals coming to the U.S. 'for the purpose of performing skilled or unskilled labor.' The statute's prohibition centers on the actual performance of compensated labor — not on the intent to seek employment, attend interviews, or network with prospective employers. The legal analysis argues that recent USCIS adjudicatory language appears to conflate job searching with employment, effectively expanding the statutory prohibition beyond what Congress enacted. The regulatory definition of 'pleasure' under 22 C.F.R. §41.31(b)(2) is described as broad and functional, covering temporary, nonproductive activity — which would include job searching. This issue has direct implications for EB-3 and other employment-based immigrant hopefuls who may find themselves in a grace period after H-1B termination and are considering B-2 status as a bridge while pursuing new sponsorship opportunities. If USCIS continues treating job search intent as a basis for B-2 denial or revocation, affected workers could face unlawful presence consequences. The analysis concludes that unless Congress amends the statute or DHS revises the regulation, the legal boundary remains at actual employment — not the intent to seek it. Workers and attorneys are advised to document the distinction clearly when filing or responding to USCIS inquiries related to B-2 status post-termination.