B-1/B-2 to H-1B Change of Status
Must-Know Facts
- Breaking Update: The U.S. government has introduced a new $100,000 fee for filing H-1B petitions. Learn about possible exemptions and strategies to navigate this change in our detailed guide.
- If an H-1B visa is unavailable, applicants may need to wait until the following year’s H-1B lottery.
- H-1B status begins on October 1st, which means you must maintain valid B-1/B-2 status until that date.
- Your employer must file and obtain a Labor Condition Application (LCA) on your behalf.
- The H-1B lottery is limited to 85,000 visas annually, with 20,000 reserved for advanced degree holders.
- Having a master’s degree or higher can significantly increase your selection chances.
Many foreign nationals on B-1 (business visitor) or B-2 (tourist) visas want to know how they can change their status to H-1B from within the U.S. instead of returning abroad. This guide explains the process of changing from a B-1/B-2 visa to H-1B status, including timelines, requirements, premium processing, and potential issues to avoid.
Overview of B-1 and B-2 Visas
- B-1 Visa: For temporary business visitors engaging in professional or commercial activities.
- B-2 Visa: For tourists visiting for leisure, vacation, or medical purposes.
The maximum stay on a B-1 or B-2 visa is typically six months, though extensions may be possible for up to one year with strong documentation. Importantly, employment is not authorized under B-1 or B-2 status. However, if you secure a qualifying U.S. employer, they may petition to change your status to H-1B if you meet all requirements.
If you are selected in the upcoming H-1B lottery, the immigration attorneys at Green Card Link can guide you through every step of filing your petition.
Requirements for an H-1B Visa
The H-1B visa is one of the most popular work visas because of its benefits:
- Initial approval for three years, extendable up to six years.
- Job flexibility, including portability between employers.
- Relatively straightforward eligibility requirements.
To qualify, you must:
- Have a valid job offer from a U.S. employer for a specialty occupation.
- Hold at least a bachelor’s degree (or equivalent) in a related field.
- Prove a legitimate employer-employee relationship (you cannot petition for yourself).
Challenges When Changing B-1/B-2 to H-1B
- Visa Availability
If the annual H-1B cap is already reached, you may have to wait until the following year’s lottery, which opens each April 1st. - Cap-Exempt Employers
If you’ve previously held H-1B status or if your prospective employer is cap-exempt (e.g., certain universities, nonprofits, or research organizations), you may bypass the lottery. Consult with the immigration attorneys at Green Card Link to determine whether your employer qualifies. - Maintaining Status Until October 1st
Even if your petition is approved, your H-1B status does not begin until October 1st. You must maintain valid B-1/B-2 status until then, which often requires timely extensions. If you cannot maintain valid status, consular processing may be necessary instead of a direct change of status.
The H-1B Lottery and Your Chances
The H-1B lottery is highly competitive. Each year, USCIS randomly selects from hundreds of thousands of registrations for the 85,000 available slots. Having an advanced degree improves your odds, as USCIS first selects 20,000 advanced-degree petitions before including the rest in the general pool.
If your petition is selected, USCIS will continue processing it to confirm eligibility. Once approved, your H-1B status will take effect on October 1st. Until that date, you cannot begin working unless you maintain valid nonimmigrant status.
Maintaining B-1/B-2 Status Until H-1B Approval
If applying for a change of status, you must:
- File before your I-94 expiration date.
- Avoid unauthorized employment or activities outside your visa terms.
- Apply for B-1/B-2 extensions, if needed, until your H-1B start date.
If you cannot maintain status, your employer may still proceed with consular processing. In that case, you would leave the U.S., attend a visa stamping appointment abroad, and re-enter on H-1B status.
H-1B Visa Stamping for B-1/B-2 Holders
Once approved, you will need to complete H-1B stamping at a U.S. consulate abroad before beginning work. Documents typically required include:
- Valid passport
- Form I-129 and I-797 approval notice
- Certified Labor Condition Application (LCA)
- Employer support letter
- Educational credentials and transcripts
- Resume and employment history
Note: Holding both a valid B-1/B-2 visa and an H-1B visa is possible; they are not mutually exclusive.
Premium Processing
Premium processing is an optional service that expedites certain USCIS petitions to 15 calendar days. While this sounds appealing, it may not always benefit H-1B applicants because of the rigid lottery and start-date restrictions.
Consult with the immigration attorneys at Green Card Link to determine whether premium processing makes sense for your situation.
The 90-Day Rule: A Common Risk
Changing status too soon after entering the U.S. on a B-1/B-2 visa can trigger the 90-day rule. If USCIS believes you misrepresented your intent at entry (for example, entering as a visitor but applying for H-1B immediately), your case could be denied or flagged for fraud.
Violating this rule may lead to:
- Rejection of your H-1B petition.
- Long-term immigration consequences, including bans from re-entry.
To avoid complications, many applicants wait at least 90 days after entry before beginning a change of status process.
Conclusion
Changing from B-1/B-2 to H-1B status is possible but requires careful planning, timing, and compliance with U.S. immigration rules. Maintaining valid status, navigating the lottery, and avoiding pitfalls like the 90-day rule are essential for success.
Many mistakenly refer to this process as a “B-2 to H-1B transfer.” To clarify: an H-1B transfer only applies when an existing H-1B worker changes employers.
How Green Card Link Can Help
Navigating the B-1/B-2 to H-1B change of status process is complex. At Green Card Link, its immigration attorneys provide tailored guidance, manage all required filings, and help you avoid costly mistakes.
If you are currently in the U.S. on a B-1 or B-2 visa and have an employer willing to sponsor you, the team at Green Card Link is ready to help you secure H-1B status with confidence.