H-1B to B-2 After Layoff: USCIS RFEs Rising

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Over the past several months, particularly since late 2025 and into early 2026, immigration practitioners have observed a significant and concerning shift in how USCIS processes change of status applications from H-1B to B-1/B-2 (visitor status) for workers affected by job termination. What was once a commonly used strategy to maintain lawful presence during the 60-day grace period is now frequently met with aggressive Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs), and in some cases, outright denials.

This trend appears tied to heightened scrutiny of applications where the stated purpose includes job searching, interviewing, or wrapping up personal affairs after a layoff—especially in tech and other high-volume H-1B sectors. Recent reports from attorneys and affected individuals highlight RFEs questioning whether these activities qualify as valid primary purposes for B-1/B-2 status, often citing archived USCIS guidance and perceived inconsistencies when a subsequent H-1B petition is filed.

Important note: This article reflects observed patterns and general information based on current USCIS practices as of March 2026. Immigration matters are highly individualized—no case is identical. This is not a substitute for personalized legal advice from a qualified immigration attorney.

The tech sector and beyond have continued to experience layoffs, impacting many H-1B holders. USCIS regulations provide a discretionary 60-day grace period (or until the end of the authorized validity period, whichever is shorter) following employment termination. During this time, individuals can:

• Transfer H-1B status to a new employer,
• Change to another nonimmigrant classification, or
• Depart the United States.

Filing Form I-539 for a change to B-1 (business visitor) or B-2 (tourist/pleasure visitor) has long been a go-to option, extending lawful presence—often up to six months—while pursuing new opportunities or handling personal matters.

This approach drew support from prior USCIS materials, including an archived FAQ titled "Options for Nonimmigrant Workers Following Termination of Employment" (archived around early 2025). That guidance explicitly noted that searching for employment and interviewing were permissible B-1 or B-2 activities, as long as no paid U.S. employment occurred.

With that page now archived, adjudicators have increasingly pushed back. RFEs commonly argue that job searching or vague "personal affairs" do not constitute valid primary purposes for B-2 status, describing six months as excessive for such activities. A typical RFE excerpt seen in recent cases: "B-2 is for temporary visitors for pleasure, not business or settling personal matters. Six months is excessive to wrap up personal affairs—please explain the need for this duration."

Compounding the issue, if a new H-1B petition is filed while the B-1/B-2 application is pending (a common portability step), USCIS sometimes flags an "inconsistency," suggesting the initial visitor intent was not genuine. This can lead to B-2 denials, forcing consular processing for any approved H-1B and potentially triggering additional fees (e.g., in scenarios involving recent proclamations or fraud prevention measures).

The risks are substantial: A denied change of status can disrupt continuity, lead to accrual of unlawful presence if not addressed promptly, and complicate future immigration steps.

To navigate this landscape successfully, it's essential to distinguish three categories under B-1/B-2 rules:

1. Strictly prohibited activitiesThese remain clear violations.
   
   • Accepting paid employment in the U.S. domestic labor market.
   • Enrolling in full-time, credit-bearing academic programs at U.S. institutions.
2. Permissible incidental activities—but not as the primary basisThese activities are generally allowed and have not been outright prohibited (even post-archiving of prior FAQs), but they cannot serve as the main justification for the status change. They are viewed as too open-ended, speculative, or lacking a defined temporary endpoint.
   
   • Job searching, attending interviews, and networking.
   • Handling personal affairs (e.g., closing accounts, selling property).
3. Valid primary purposes for B-1/B-2 Applications must focus on temporary, concrete, non-speculative activities demonstrating clear nonimmigrant intent. Common examples include:Core principle: The stay must be temporary in nature, with strong evidence of foreign ties (e.g., property, family, or job prospects abroad) and a clear intent to depart.
   
   • B-2 (pleasure/tourism): Tourism and recreation, visiting family/friends, seeking medical treatment, attending specific planned events (e.g., family gatherings, alumni reunions), or short non-credit recreational courses (e.g., cooking or art classes).
   • B-1 (business visitor): Attending conventions, negotiating specific contracts, short-term training, or business consultations—provided they are defined and temporary.

Attempts to frame job interviews as "contract negotiations" under B-1 often fail, as USCIS deems them speculative and ongoing rather than temporary.

For new filings (pre-RFE stage): Avoid leading with job hunting or vague personal wrap-up. Instead, center the application on legitimate, specific purposes supported by evidence:

• Detail tourism plans, family visits, or events (include itineraries, bookings, or invitations).
• Highlight medical needs or recreational classes if applicable.
• Demonstrate strong ties abroad and self-supporting finances.
• Mention any incidental job activities only as secondary, not primary.

For cases already facing an RFE: These are often winnable with careful response. The typical language challenges job search as the basis—not as an absolute prohibition. Strategies include:

• Acknowledge permissible activities like interviewing without retracting prior statements.
• Reframe the overall purpose around valid B-1/B-2 activities, providing new or expanded evidence (e.g., travel plans, family affidavits, financial docs).
• Address any H-1B-related "inconsistency" by explaining nonimmigrant dual intent principles and reaffirming visitor activities as primary.
• Submit robust proof of temporary intent and intent to depart.

In both scenarios, professional guidance is highly recommended—especially for RFEs—to brainstorm tailored approaches and avoid missteps.

While the B-1/B-2 bridge remains legally available, recent adjudication trends show it's under much closer examination. Proper framing from the outset—or strategic RFE responses—can still lead to approvals, as seen in various reported cases from late 2025 into 2026.

If these developments align with your circumstances, consulting an experienced immigration attorney promptly is crucial. For assistance, contact firms specializing in these matters, such as the American Visa Law Group (510-500-0155 or usabisalaw.com).

Stay proactive, document everything meticulously, and prioritize compliance. More updates on immigration trends will follow as policies evolve.

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