No, a foreign national cannot work in the country with a B1/B2 visa. The B1/B2 visa allows an applicant to travel to the country for business, leisure, or medical purposes. An applicant can visit the country with a B1/B2 visa, and later, if they find a job opportunity in the country, they can change their B1/B2 visa to a Work visa.
As a tourist visa, it is clear that a B1/B2 visa doesn’t permit the holders to work. However, per the new rule, recent changes allow visa holders to attend job interviews or job fairs, providing a pathway for those seeking employment opportunities in the U.S. However, there are any business-related activities that B1/B2 visa holders can undertake. In that case, this might include attending a conference, meeting with stakeholders or investors, attending business meetings, signing contracts, or filing the paperwork to incorporate a U.S.-based company.
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Work visa options in the US
The most common work visas that grant temporary work permission to foreign national in the US are:
- H visa: The H visa consists of an H-1B visa for foreign nationals working in a specified professional or academic field, or an H-2A visa for seasonal temporary workers in agriculture, etc.
- I visa: Foreign media persons representing an overseas media company
- L visas: For temporary intra-company transferee: executive/management level (L-1A) or through specialized expertise (L-1B)
- O visas: For extraordinary and exceptional global talent
- P visas: Foreign nationals excelling in arts performance and sports
- R visas: Religious work
Eligibility Conditions for Changing from B1/B2 Visa to Work visa
To change the B1/B2 visa to a work visa in the US, must meet following criteria:
- Lawfully admitted to the US on B1/B2 visa
- B1/B2 visa is still valid
- Have not engaged in any activities that led to violating the law
- Taking up paid work in US
- Enrolling in study courses
- Marrying a US citizen or Permanent resident
- Undertaking activities that are allowed in B1/B2 visa
- No criminal record
Requirements for Changing B1/B2 Visa to Work Permit
To change the B1/B2 visa to a work visa in the US must fulfil the following requirements:
- Form I-129 for change of status
- Form I-539 for your spouse and unmarried children under 21
- Form I-94, Arrival – Departure Record
- Sufficient funds
- Proof of ties to your country of residence
- Any other documents proving your original intent to return to their country when they had a B1/B2 visa
Steps to changing the status from B1 /B2 to Work Visa
Below are the steps for changing the status from B1 /B2 to Work Visa:
Step 1: Get an employer to sponsor you
Step 2: Apply for a change of status
Step 3: Attend a biometrics appointment
Step 4: Wait for USCIS to process your application
Step 5: Once approved, work in the US
*Want assistance for U.S Immigration? Talk to Y-Axis, the world’s No. 1 overseas immigration consultancy for end-to-end support.