You may have come to the U.S. as a tourist (B-1/B-2 visa) and got an employment opportunity. Now you are curious whether it is feasible to switch your immigration status to stay here legally doing work. Thankfully this is something that we can change, there are certain guidelines you need to adhere to.

Changing your status from a tourist to a work visa involves timing, securing a sponsor, and understanding what kind of work visas are available for you. These things are essential when it comes to exchanging a tourist for a working visa. In this post, we will show you how to switch from a B-1/B-2 visitor visa to an H, O, or L work visa. We will also help to show you the procedure so that it keeps legally moving forward.

Can You Change Your Status from a B-1/B-2 to a Work Visa?

There are ways you can change your status from a B-1/B-2 visa to either an H or L work visa while in the United States. Yet, it is an exhaustive process that needs to be handled carefully and adhere to the strict legal binding. The first is applying for a change of status with U.S. Citizenship and Immigration Services before your tourist visa expires. This is significant because overstaying a visa or working unlawfully can result in severe consequences. Such as deportation and being banned from re-entering.

You can’t begin working while you are still on a tourist visa! Some work visas like the H-1B, O-1, and L-1 require employer sponsorship. So the very first step for an H-1B visa is a U.S. employer willing to sponsor your visa application. You must have the company file a petition on your behalf with USCIS, and only when that petition is approved will it be legal for you to begin working.

Remember, planning to enter the U.S. purely to find a job while on your tourist visa can be seen as suspicious by immigration authorities. B-1/B-2 visa is only for tourism and short-term business visits. So your purpose of the trip matters here. If your intention shifts after arriving due to a legitimate job offer, it’s important to follow the proper steps to change your status without violating immigration laws.

Options for Changing Status to a Work Visa

When moving from a B-1/B-2 visa to an employment-based US work visa, you may have several choices depending on your experience and the type of job opportunities for which you will be competing. One common route in specialized fields like tech, engineering, or medicine is the H-1B visa. You must have a U.S. employer to sponsor you and hold at least a bachelor’s degree in a specific field of study restrictions apply. However, the H-1B visa has an annual cap and is only open for application once a year. If eligible, the key is to plan and apply early.

Also, there is an O-1 visa which is designed for individuals with extraordinary abilities in areas such as science, education, and arts. If you have already made a name for yourself in your field (such as awards and publications), this can work well with this visa. The O-1 visa (unlike the H-1B) is not capped, so you can apply at any time of year.

The L-1 visa is also a route for those already employed by an international company. Employees from a multinational company employed outside the U.S. can be invited to come and work in the United States using an L1 visa. To be eligible, you ought to have worked for a similar business for at least a year in 3 years before. It is designed for managers, executives, and employees with specialized knowledge.

All of these visas come with detailed eligibility requirements. So you need to know which one matches your credentials. If you are unsure of which visa is appropriate for your circumstances. The Law Office of Olena Manilich has significant experience in navigating the pathways and advising on the best way to proceed.

How to Apply for a Change of Status

After you have determined which work visa is right for you, the next step to take is filing a change of status application. You need a job offer from a US employer who is willing to sponsor you first. You cannot switch to a work visa without an employer sponsor. Your employer will then file a petition with USCIS after you have already received the job offer.

Applying for a change of status requires perfect timing. If you do not, it will be illegal for you to stay in the country past your visa’s expiry date and this can only result in a ban. You must stay inside the U.S. while your application is being reviewed, you can’t seek employment until this happens. If you do, that could potentially mean your application is denied when they make their determination.

This process can take a couple of months, so do not be in a hurry. You are also subject to quotas or seasonal visa amnesties, depending on the type of Visa. You may not complete an application correctly or do not include all the necessary documents. Even small mistakes could mean delays or worse yet denial of the petition.

It may seem complicated, but help is available. Contact us today. Our team is with you to ensure your proper and timely submission for the best odds toward a favorable result.

Conclusion

Transitioning from a tourist visa to a work visa in the U.S. can mean opportunity. This must be carefully planned and no calibration to immigration laws is required. Whether you are interested in the H-1B O-1 or L visa, make sure to adhere to proper protocol and avoid falling into typical traps. For somebody coming with an F1 visa, an employer in the U.S. has to sponsor him. He needs to file the change of status application well in time to make your transition smooth and legal.

If you are unsure of the process or would rather have your application handled by a professional. The Law Office of Olena Manilich to help guide you through without any personalized assistance. Schedule your consultation with us. We can help you understand all the ins and outs of U.S. immigration law so that your application succeeds! Get in touch with us to arrange for your consultation to move forward on the US job market today!