Yes, a B1/B2 visa can be converted to an H-1B visa, if foreign national get an US employer to sponsor their H-1B visa. A B1/B2 visa is for tourism, medical and short-term business activities.
The HB-1 visa is one of the most popular non-immigrant visas issued by USCIS. It allows employers to temporarily hire foreign workers in the country for specialty occupations. To get an HB-1 visa, one must have a proper work experience in specialty occupation with proper knowledge and hold a bachelor’s degree or higher or its equivalent.
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Change of status from B1/B2 visa to H-1B visa
Foreign nationals with valid status can file a change of status application from B1/B2 visa to H-1B visa.
Here are the steps to change of status from B1/B2 visa to H-1B visa:
Step 1: Check for H-1B visa availability
The applicant must wait for an employer to file the petition on their behalf until April of the same year during the H-1B lottery, usually beginning on April 1st if an H-1B visa is unavailable.
Note: If an applicant has previously been on H-1B status or your employer who filed the petition belongs to a cap-exempt, this issue will not apply for another one.
Step 2: Maintain the Non-Immigrant Status
If the H-1B petition is selected in the lottery and approved, the H-1B status will begin from October 1st of the same year. This also means that they must maintain a status from initially entering the U.S. until October 1st, and then they can apply for a status change from B1/B2 visa to H-1B visa. It is necessary to apply for a change of status from B1/B2 to H-1B to maintain the status.
Step 3: H-1B lottery selection
To file an H1B petition, the prospective employer needs to make four attestations:
- The employer will pay the prevailing wage for your position according to the geographical area
- The employer should not affect the working conditions of other employees
- There is no strike or lockout at the work place
- The employer notified current employees about the intent to hire them
Step 4: USCIS Processing
Once the petition is selected, the USCIS will process it to determine if the employer meets the H-1B visa requirements. If the applicant gets approval, they can change their status on October 1st.
Step 5: Premium Processing
If an employer wants to shorten the petition’s processing time, they can use an optional USCIS service called premium processing. Within 15 calendar days, the US government will adjust the processing of I-129 and I-140 petitions with premium processing, making the H-1B a premium processing. This is only used for certain circumstances.
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Eligibility criteria to convert B1/B2 visa to H1-B visa
Below are the eligibility criteria to convert B1/B2 visa to H1-B visa:
- Being lawfully admitted to the country on B1/B2 visa
- Valid B1/B2 visa
- Have-not violated the conditions of the B1/B2 visa
- No criminal records
- A job offer from US employer
- Minimum bachelor degree
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