60 days, no job, no B-2 switch: H-1B holders face deportation as USCIS blocks backup visa route
Immigration officials are increasingly blocking the H-1B to B-2 change of status, leaving skilled workers in a bind that, for many, ends with a flight home
- Jul 29, 2026,
- Updated Jul 29, 2026 6:15 AM IST
Lose your H-1B job in the United States, and you have 60 days to find another one. If that window closes without a new employer filing a transfer, the next move for many laid-off visa holders has been to switch to a B-2 tourist visa, buying more time to keep looking. That workaround is now running into a wall.
Immigration officials are increasingly blocking the H-1B to B-2 change of status, leaving skilled workers in a bind that, for many, ends with a flight home.
What USCIS is doing
Immigration attorney Vic Goel of Goel & Anderson told Forbes that the agency is now rejecting these cases or issuing Requests for Evidence that raise difficult questions. "USCIS is issuing notices that raise questions about maintenance of status, purpose of stay and financial support. More troubling, some of these notices assert that seeking employment or interviewing for positions is impermissible in B-2 status," Goel said.
The complication is built into the visa itself. B-2 is a tourist visa — it does not permit the holder to work or actively seek employment. Using it as a bridge while job-hunting has always existed in a grey area, and authorities are now closing that gap.
Maya's story
Maya came to the United States in 2019 to study digital media at the University of Southern California, a STEM programme that opened the door to Optional Practical Training as a UX writer. When her employer filed for her H-1B, it took three attempts, but she got it. Then came the layoff.
She switched to B-2, found a role at a fintech company and rebuilt her footing. Then her team was dissolved, and she was back at the start. She reached out to the same attorney who helped her through the first transition and is now waiting to hear whether the switch will be approved this time, as reported by Forbes.
If it is not, or if she does not land a job in time, her options narrow sharply. She is looking at Singapore, Malaysia and London, and possibly a return to Mumbai. She told Forbes she may be eligible for an O-1 visa, though that process comes with its own hurdles.
From what she described, the issue was not just a visa problem. "I moved to the US in 2019, and Covid happened soon after. Over the years, Los Angeles became my home in ways I never expected. By 2021, I had graduated with a STEM degree, found a job in tech and built friendships that became my core community."
She added that the move was never just about a degree or a pay cheque. "I'd been in search of creative spaces. LA gave that to me. It gave me access to creativity that made me feel expansive and inspired. I was immersed in music and culture, and surrounded by ambitious people from around the world. Leaving now would be giving up this sense of home."
And then, simply: "It feels like the system that made this journey possible is now standing in my way."
What attorneys are advising
Immigration attorney Asel Williams said the H-1B to B-2 route is no longer a safe assumption. "Even if someone chooses to pursue a B-2 change of status, they should carefully document their intent to return to their home country, since B-2 classification requires nonimmigrant intent," she said.
For those with resources and an entrepreneurial bent, Williams pointed to one alternative. "Some technology professionals with sufficient financial resources choose to establish their own companies and file H-1B transfers through their startups. To do so successfully, the employer-employee relationship must be properly documented, and the company must have sufficient funds to pay at least the required prevailing wage," she added.
Lose your H-1B job in the United States, and you have 60 days to find another one. If that window closes without a new employer filing a transfer, the next move for many laid-off visa holders has been to switch to a B-2 tourist visa, buying more time to keep looking. That workaround is now running into a wall.
Immigration officials are increasingly blocking the H-1B to B-2 change of status, leaving skilled workers in a bind that, for many, ends with a flight home.
What USCIS is doing
Immigration attorney Vic Goel of Goel & Anderson told Forbes that the agency is now rejecting these cases or issuing Requests for Evidence that raise difficult questions. "USCIS is issuing notices that raise questions about maintenance of status, purpose of stay and financial support. More troubling, some of these notices assert that seeking employment or interviewing for positions is impermissible in B-2 status," Goel said.
The complication is built into the visa itself. B-2 is a tourist visa — it does not permit the holder to work or actively seek employment. Using it as a bridge while job-hunting has always existed in a grey area, and authorities are now closing that gap.
Maya's story
Maya came to the United States in 2019 to study digital media at the University of Southern California, a STEM programme that opened the door to Optional Practical Training as a UX writer. When her employer filed for her H-1B, it took three attempts, but she got it. Then came the layoff.
She switched to B-2, found a role at a fintech company and rebuilt her footing. Then her team was dissolved, and she was back at the start. She reached out to the same attorney who helped her through the first transition and is now waiting to hear whether the switch will be approved this time, as reported by Forbes.
If it is not, or if she does not land a job in time, her options narrow sharply. She is looking at Singapore, Malaysia and London, and possibly a return to Mumbai. She told Forbes she may be eligible for an O-1 visa, though that process comes with its own hurdles.
From what she described, the issue was not just a visa problem. "I moved to the US in 2019, and Covid happened soon after. Over the years, Los Angeles became my home in ways I never expected. By 2021, I had graduated with a STEM degree, found a job in tech and built friendships that became my core community."
She added that the move was never just about a degree or a pay cheque. "I'd been in search of creative spaces. LA gave that to me. It gave me access to creativity that made me feel expansive and inspired. I was immersed in music and culture, and surrounded by ambitious people from around the world. Leaving now would be giving up this sense of home."
And then, simply: "It feels like the system that made this journey possible is now standing in my way."
What attorneys are advising
Immigration attorney Asel Williams said the H-1B to B-2 route is no longer a safe assumption. "Even if someone chooses to pursue a B-2 change of status, they should carefully document their intent to return to their home country, since B-2 classification requires nonimmigrant intent," she said.
For those with resources and an entrepreneurial bent, Williams pointed to one alternative. "Some technology professionals with sufficient financial resources choose to establish their own companies and file H-1B transfers through their startups. To do so successfully, the employer-employee relationship must be properly documented, and the company must have sufficient funds to pay at least the required prevailing wage," she added.