U.S. Tightens Review of B-1/B-2 Visa Requests from Laid-Off H-1B Workers in 60-Day Grace

(UNITED STATES) – An H-1B worker changing employers can usually start the new job once USCIS issues the Form I-797 receipt notice for a nonfrivolous transfer petition, but that portability rule has become more important in 2026 as USCIS applies closer scrutiny to B-1/B-2 visa change-of-status filings from laid-off H-1B workers.

USCIS has not announced a formal ban on H-1B to B-1/B-2 filings. The agency still accepts those applications. Immigration attorneys, however, report more Requests for Evidence, more Notices of Intent to Deny, and more denials where the record suggests the filing was used mainly to extend a job search after termination.

That shift matters most for laid-off H-1B workers deciding what to do during the statutory 60-day grace period. Under DHS rules, the grace period generally lasts up to 60 consecutive days after employment ends, or until the worker’s current I-94 validity ends, whichever comes first. During that period, the worker may seek a new H-1B sponsor, file a change of status, or leave the United States.

An H-1B transfer remains the cleaner option if a new employer is ready to act quickly. Portability under INA section 214(n) allows employment with the new petitioner after USCIS receives the filing, if the worker was lawfully admitted, the new petition is timely, and the worker has not engaged in unauthorized employment. Employers still carry the compliance burden. They must file Form I-129, obtain a certified Labor Condition Application, and pay the required employer-side fees.

An extension with the same employer follows a different track. The employer files before the current H-1B validity ends. A timely extension can preserve work authorization for up to 240 days while the petition remains pending, though travel can complicate that benefit. The normal H-1B limit remains six years in the aggregate, subject to recapture of time spent abroad and certain AC21 extensions tied to the green card process.

Those AC21 rules still matter in FY 2027. Workers with a qualifying labor certification or Form I-140 pending for at least 365 days may qualify for one-year H-1B extensions past six years. Workers with an approved I-140 who cannot file adjustment because no immigrant visa number is available may qualify for three-year extensions. A transfer to a new employer does not erase that history, but the worker should confirm the immigrant petition remains valid and not withdrawn in a way that affects benefits.

📅 Key Date: A cap-subject FY 2027 H-1B petition selected in the annual lottery can begin employment on October 1, 2026. Transfer and most extension filings are not tied to that date.

The closer scrutiny now falls on workers who do not secure a new H-1B employer inside the grace period and turn to B-1/B-2. USCIS officers are examining whether the applicant truly intends a temporary visitor stay, has enough funds for living expenses, maintains a residence abroad, and presents a request that matches the stated purpose of admission. A record that looks thin on finances or future plans can trigger an RFE or denial.

Attorney accounts describe the same pattern from different angles. Rajiv Khanna has reported a sharp rise in RFEs and NOIDs for B-1/B-2 filings after H-1B layoffs. Emily Neumann has said the law itself has not changed and that job searching is not employment. Reddy Neumann Brown PC has described cases where officers questioned whether job hunting fits B-2 activity and whether a later H-1B filing undercuts earlier visitor intent.

The legal backdrop remains narrow. B-1 covers certain temporary business activities. B-2 covers tourism and other pleasure travel. Neither status permits productive employment in the United States. USCIS guidance has long recognized that some activities, including interviews, can occur without work authorization. The problem is adjudication. Officers are applying a tougher credibility review to filings that appear to function as a bridge after an H-1B layoff.

If USCIS denies the B-1/B-2 change of status, the timing becomes serious quickly. Unlawful presence questions depend on the person’s admission record and case posture, but a denied applicant often needs to depart promptly. Waiting without another valid status can damage a later visa application, a consular interview, or a future change-of-status request.

Employers considering a transfer should move fast on wage and LCA steps. H-1B wage compliance does not disappear because the worker was recently terminated. The new employer must offer at least the higher of the actual wage or prevailing wage for the role and location. A Level I wage can still draw questions if the job duties read like an experienced specialty occupation. Prevailing wage data remains available through [flcdatacenter.com](https://flcdatacenter.com).

Fees also shape timing. A transfer or extension commonly includes the $780 I-129 filing fee, the $500 fraud prevention fee for many change-of-employer cases, and the $750 or $1,500 ACWIA fee, depending on employer size. Premium processing, at $2,805, can shorten adjudication but does not cure a weak record. The employer must pay required employer-side fees and cannot shift those mandatory costs to the worker if doing so would violate wage rules.

⚠️ Employer Alert: A transfer petition filed after the grace period ends loses the clean portability path. Late filing can also create wage, I-9, and work authorization problems.

Green card cases add another layer. A pending or approved Form I-140 does not block an H-1B transfer. In many cases, it helps preserve AC21 extension eligibility. A pending Form I-485 also does not automatically stop a transfer, but the worker should review travel, advance parole, and job-change rules carefully. If the worker abandons H-1B status and moves to B-1/B-2, that can complicate an employment-based adjustment strategy.

Travel requires care as well. A pending transfer filed inside the United States does not guarantee easy reentry after departure. An expired H-1B visa foil usually means the worker will need new visa stamping abroad before returning in H-1B status. A pending B-1/B-2 change of status is even more fragile. Departing the United States generally abandons that request, and a later port-of-entry inspection will focus on stated visitor intent.

💼 Employee Tip: Keep the last three pay statements, the termination notice, current I-94, prior approval notices, passport biographic page, and any I-140 approval ready before approaching a new employer.

Processing times vary by service center and case type. Premium processing often produces action within the statutory premium window, while regular processing can stretch for months. That gap is one reason laid-off workers often consider B-1/B-2. Current scrutiny makes that bridge less predictable than it was in earlier periods. A timely transfer, another valid nonimmigrant classification, or departure for later consular processing is often the safer legal route.

Employers should begin LCA and filing preparation as soon as a candidate accepts an offer, confirm the offered wage matches the correct SOC code and location, and avoid start dates before the USCIS receipt is issued. Employees should count the 60-day grace period from the actual termination date, confirm the I-94 expiration, and review whether an approved I-140 supports AC21 time past the six-year limit. USCIS H-1B guidance remains at [USCIS H-1B Specialty Occupations](https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations), and cap-season updates remain at [USCIS H-1B Cap Season](https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations/h-1b-cap-season).

📋 Official Resources:
– [H-1B Program](https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations)
– [Cap Season](https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations/h-1b-cap-season)
– [Prevailing Wages](https://flcdatacenter.com)