A Guide on Transitioning from a Tourist Visa to a Work Visa

Published: November 12, 2024

Foreign nationals traveling to the US fall under the B-2 tourist visa category. There were 12,442 applications for a B-2 tourist visa in FY 2023. Generally, an individual can remain in the country under this visa category for up to six months. However, it’s up to the immigration officer to determine the exact duration. 

You cannot legally secure employment on a B-2 tourist visa. Whether paid or unpaid, working while on a B-2 visa constitutes unauthorized employment. According to Section 245.1 of the Code of Federal Regulations (CFR), unauthorized employment can hinder your ability to adjust your immigration status. 

Suppose you hold a B-2 visa and wish to legally work in the US. You must transition to a visa category that permits employment. Although possible, the process comes with significant considerations. There are strict guidelines to ensure that tourists don’t misuse their visas. 

Learn how transitioning from a B-2 tourist visa to a work visa works and what factors to consider to take the right strategy. 

Steps to Transition from a B-2 Tourist Visa to a Work Visa

Working illegally while on a B-2 visa can have serious consequences. Since this visa category is intended for tourism visits, the purpose of your trip is essential. But there are instances where intention shifts because the B-2 visa holder receives a legitimate job offer. 

If that’s your case, you must follow the proper steps to switch your status without misusing your visa or violating any immigration laws. Consider the following steps when making a transition from a B-2 tourist visa to a work visa: 

Understand work visa options

Several work visa options are available, depending on your experience and the job opportunities you’re pursuing. The most typical temporary work visas in the US include:

• H1-B visas
• L-1 visas
• O visas
• E-2 visa

Each work visa has detailed eligibility requirements, so check which suits your credentials. An experienced immigration lawyer can help you determine the appropriate one for your situation. 

Secure a job offer

You must secure a job offer from a US employer before converting your B-2 tourist visa to a work visa. The employer must agree to sponsor your work visa and file a petition with USCIS after you obtain an employment offer. You cannot convert to a work visa without an employer sponsorship. 

Apply for a change of status

After determining the appropriate work visa and securing an employer sponsorship, the next step is to apply for a change of status. The process can take months, depending on the type of visa. USCIS will review the petition to ensure it’s complete.

While your application is under review, you must remain in the US. You can’t also seek employment until it is complete. Working during this period is generally considered unauthorized employment, which can lead to denial of your application for a work visa. 

Important Factors to Consider 

It’s common for foreign nationals on B-2 tourist visas to explore job opportunities in the US. Legally, you can convert to a work visa to reside and work in the country longer. Yet, such visa requests will likely undergo increased scrutiny from the immigration officer. Below are some important factors to consider before making the transition. 

Timing of application

The timing of your application is an essential consideration. USCIS utilizes the 90-day rule to check your intent to travel to the US. The period typically begins from your most recent entry date to the US on your current visa. 

Suppose you change your status within 90 days of staying in the US. They will suspect you have misrepresented your initial intentions of acquiring a visa. While it won’t result in a visa denial, USCIS may cancel your current visa and deport you if they find your request unconvincing. 

Eligibility conditions

Not everyone is eligible to change their visa status. Eligibility requirements can vary depending on the US work visa option you will switch to. But general conditions often involve the following: 

• You lawfully entered the US on your current visa.
• Your B-2 tourist visa is currently valid. 
• You have not violated your B-2 tourist visa terms. 
• You have no criminal record that would bar you from entering the US.

Note that the final decision for your application rests with USCIS. So, even if you satisfy all the requirements, there’s no assurance that your visa change application will be approved. 

Discuss Your Case With ALG Lawyers

Demonstrating that you did not intend to work when you applied for the B-2 visa can be an uphill battle. The immigration officer may question your actual intention to visit the US in the first place. Your current visa can be revoked if you fail to exercise due diligence in your visa application. You may also be subject to permanent reentry bars into the US. 

Before changing your visa status, it’s always in your best interest to consult a lawyer with experience and expertise in immigration policies and procedures. Our team at ALG Lawyers is ready to help you assess your situation and explore potential paths forward. Book a consultation now to discuss your immigration case in detail.