CHANGE OF STATUS: B-1/B-2 TO H-1B www.immi-usa.com
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What is a B-1 Visa?
A B-1 visa is a temporary business visitor visa and is issued to individuals participating in business activities of a commercial or professional nature in
the United States.
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What is a B-2 Visa?
A B-2 visa is a temporary visa issued to individuals who are coming to the United States temporarily for:
• leisure,
• vacation, or
• pleasure.
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If Eligible A B1/B2 Visa Allows…
A foreign national to
enter the U.S. and engage
in short-term stays of 3-6
months.
A foreign national to
visit Canada or Mexico for up to 30 days and re-enter
the U.S.
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Working in the U.S. on a B Visa…
B-1 and B-2 visa holders are NOT authorized to seek any form of employment within the U.S.
HOWEVER, They may have an employer petition for
them to convert to H-1B status if the requirements are met.
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Why a H-1B Visa?
A H-1B visa allows employers to hire qualified foreign
professionals to work in the U.S. in specialty occupations on
a temporary basis.
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Education Requirements
Must earn a bachelor’s or
advanced degree from an accredited
university or college.
The degree must be related to the H-1B specialty position.
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Position Requirements
The job offered must be filed as a “specialty occupation” that requires a bachelor’s degree or an advanced
level of education certification.
•Examples: engineers, professors, researchers, medical, accountants, attorneys, and architects.
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Unfortunately…
If an H-1B visa is not currently available, the applicant will have to wait for an employer to petition for the individual until the following year during the H-1B lottery process.
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To Apply…
The individual will need to maintain status from the time he or she initially enters the United States until October 1st.
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How to Maintain Status…
Successfully obtain extensions of their B-2 or B-1 status until October 1st.
Apply for the change of status before the expiration of the B-1 or B-2 visa.
Abide by all restrictions attached to their particular status.
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Can’t Maintain Your Status?
If the individual is unable to maintain his or her status until October 1st when the H-1B visa stamping becomes active, the H-1B petition will need to be filed with consular processing instead.
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What does this mean?
The foreign national is required to leave the U.S. and return to home country.
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What is Consular Processing?
The person intending to immigrate to the United States goes to a U.S. embassy or consulate in his or her home country to complete the application for a visa.
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What Happens Next?
The sponsoring employer will submit the petition during the H-1B lottery with the individual abroad.
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What Happens Next?
If the petition is selected and approved in the lottery, the individual will need to go for H-1B visa stamping abroad before entering the United States on H-1B status.
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Things You Should Know…
Foreign nationals are permitted to have more than one valid visa in their passport at a time.
H-1B stamping does not require the cancellation of the B-1 or B-2 visa.
Stamping should occur in advance of the H-1B start date of October 1st
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H1B Stamping Requirements
A valid passport
Form I-129Certified Labor
Condition Application
Petitioner’s support letter
Degree and transcripts
Academic evaluation
Work experience
lettersResume
Some of the documents a beneficiary may bring to the H-1B stamping include:
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PLEASE BE ADVISED!
While the H-1B visa may have an issue date well in advance of October 1st, the foreign national is not permitted to enter the United States immediately following stamping.
A beneficiary can only enter the country up to 10 days before the October 1st start date.
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Visit our website or call us today to explore your options
SGM Law Groupwww.immi-usa.com
(877) 811-3541
About SGM Law Group
The information provided in this presentation is of a general nature and may not apply to any particular set of facts or under all circumstances. It should not be construed as legal advice and does not constitute an engagement of the SGM Law Group or establish an attorney-client relationship.
Disclaimer
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