Laid off H-1B holders face increased challenges from immigration officials during the sixty-day grace period for finding a new sponsor. Subsequently, many file for a B-2 visa after the grace period expires. Immigration agents complicate this process through increased Requests for Evidence (RFEs).
Current policy lets laid of H-1B workers look for a new job for sixty days. The trouble is that sixty days isn’t enough time for landing a new sponsor, getting a petition filed, and sorting out the logistics of a job change. This is especially true with layoffs still hitting the tech and consulting sectors. This is all while USCIS processing times run slower than usual. That’s where the B-2 bridge comes in. It’s worth noting DHS retains discretion to shorten or eliminate the sixty-day grace period, and once it ends, H-1B holders are expected to leave the U.S.
Forbes reported that USCIS adjudicators have been issuing more RFEs and Notices of Intent to Deny for these B-2 applications, part of a broader pattern of heightened scrutiny. Immigration attorneys argue USCIS is getting the law wrong here. The agency’s approach suggests that simply looking for work disqualifies someone from B-2 status, but the law only bars performing labor, not searching for it.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.