Foreign nationals visiting the United States under B-1 or B-2 status cannot engage in any type of employment, as temporary visitor visas do not allow them to work legally. It is only possible to work legally by filing for an adjustment of status with the United States Citizenship and Immigration Services (USCIS).
In this article, you will find the steps to change a tourist visa to a work visa in the USA.
Can I Change My Tourist Visa to Work Visa in USA? – The Verdict
It is perfectly possible to change a tourist visa to a work visa in the United States, but accomplishing this goal requires an accurate strategy. Once a foreign national files for a change of status, he or she can maintain lawful status while waiting for the USCIS decision.
Accordingly, a B-1 or B-2 visa holder can preserve the lawful status during the processing timeframe – even if the temporary status expires before the approval of the adjustment of status.
What is the Best Option to Change a Tourist Visa to Work Visa in USA?
Ultimately, each case is different and requires an appropriate strategy for transitioning from one status to another. USCIS offers several work visa options depending on the petitioner’s qualifications, education, skills, and other aspects.
The first option is the immigrant visa category. Most employment-based visas require a job offer from a US employer. In certain cases, it is possible to apply for a waiver of the job offer, which depends on whether it is in the best interest of the United States to waive the job offer requirement.
It is also possible to apply for temporary worker visas. Some examples of visas available in this category include:
- E-3 visa (Certain Specialty Occupation Professionals from Australia)
- H-1B visa (Specialty Occupations and Fashion Models)
- H-2A visa (Agricultural Workers)
- H-2B visa (Non-Agricultural Workers)
- L-1A visa (Intracompany Transferee Executive or Manager)
- L-1B visa (Intracompany Transferee Specialized Knowledge)
- O-1 visa (Individuals with Extraordinary Ability or Achievement)
As expected, this list is not exhaustive. USCIS offers an extensive list of options for foreign nationals according to each applicant’s education, skills, and other elements. Consult with an expert immigration attorney for an individual assessment to identify the best transition route.
Can I Change My Tourist Visa to Work Visa in USA? – Attention to Detail
The most important aspect of a successful adjustment of status is filing the petition timely. Once the B-1/B-2 expires, the visa holder begins to accrue “unlawful presence” for overstaying the permitted time on the visa and failing to change status within the authorized timeframe.
It is fundamental to understand that filing a timely petition with USCIS preserves the applicant’s legal status, whether it is a petition for a change of status or an extension of status. In such cases, the petitioner can stay in the United States to wait for a decision if the deadline for departure passes.
Do You Want to Adjust Your Legal Status to a US Work Visa? – Immediately Seek Expert Legal Guidance
Navigating US immigration law and exploring the possibilities to adjust status can be an overwhelming task. Contact Attorney Romy B. Jurado today by calling (305) 921-0976 or emailing [email protected] to find the best route to attain an adjustment of status with USCIS.
