Useful Links
U.S. Citizenship and Immigration Services (USCIS) Website
Social Media
Statistics
Annual Caps for H-1B for Fiscal Years: 85,000 visas
- 65,000 visas
- 20,000 visas for the master’s cap*
The master’s cap – individuals with advanced degrees from U.S. institutions.
Topics
Where B1/B2 Meets H-1B
How the traveler’s visa (B1/B2) and the professional’s visa (H-1B) meet, diverge, and sometimes merge.
Bridging the Quiet Distance Between Visiting and Belonging
The B1/B2 and H-1B visas might seem like two distant shores of the same ocean - one for travelers passing through, the other for professionals dropping anchor. Yet, in the complex rhythm of U.S. immigration, there are moments when these two paths cross. Understanding how and when that happens can be the difference between a lawful stay and a costly misstep.
| Feature | B-1/B-2 | H-1B |
|---|---|---|
| Purpose | Business (B1); Tourism/Pleasure/Medical (B2); sometimes a mix (B1/B2) | Employment in a specialty occupation requiring a U.S. employer sponsor |
| Duration of Stay | Up to 6 months | Initial 3 years, can extend to 6 years |
| Work Allowed? | ❌ No | ✅ Yes |
| Dual Intent | ❌ Must show intent to return home | ✅ Allowed to plan for permanent residence |
The B1/B2 visa is a temporary key - an invitation to visit, not to stay. It’s a multiple-entry visa often valid for up to 10 years, but each visit is capped at around 180 days. Whether you arrive for a meeting in Manhattan or a wedding in Malibu, it’s the U.S. Customs and Border Protection officer who decides how long the door stays open.
Entering on B1/B2 Before H-1B Starts:
When waiting becomes a bridge - imagine this: your H-1B petition is approved, but the job start date is months away. You’re invited to the United States for meetings, to scout housing, to settle in. The B1/B2 visa can help you bridge that waiting time - but only as a visitor.
Switching B1/B2 to H-1B Without Leaving the U.S.:
For some, life and opportunity align while they’re already in the U.S. on a visitor visa. In such cases, it may be possible to file a Change of Status (COS) with USCIS, converting from B1/B2 to H-1B without departing the country.
Here’s what matters:
Your H-1B petition must be approved before you can start working.
You must maintain valid B1/B2 status until the switch takes effect.
It’s often best to file the H-1B petition and COS simultaneously to avoid gaps in legal status.
The process feels slow - like watching seasons shift - but patience here protects your future ability to live and work in the U.S.
Missteps and Misuse: The Hidden Dangers
The U.S. immigration system is precise. Using a B1/B2 visa to begin work before your H-1B is approved is not just premature - it’s illegal.
Such misuse can lead to:
- Visa revocation or cancellation
- Entry denial at airports
- Long-term travel bans
Even small misrepresentations - say, calling a business trip “tourism” or extending a stay without cause - can ripple into severe consequences.
Overstaying is particularly risky:
- 180 days - 1 year: 3-year reentry ban
- Over 1 year: 10-year ban
If you truly need more time, file Form I-539 for an extension before your stay expires, and be prepared to justify the reason with documentation.
B-1 Period of Stay and Extensions
| Initial Period of Stay | Extension of Stay |
|---|---|
| 1 to 6 months (maximum stay 6 months) | Up to another 6 months, total stay capped at ~1 year |
Dependents (family of B-1 visa holders): The B-1 visa doesn’t allow dependents to derive status. Your spouse and children must apply for B-2 visas separately.
Special Note for Chinese Citizens
Under the U.S.- China visa validity agreement, Chinese nationals holding 10-year B1, B2, or B1/B2 visas must update their information via EVUS (Electronic Visa Update System) every two years - or sooner if they receive a new passport or visa.
As of September 30, 2025, a $30.00 EVUS enrollment fee applies, payable through the official EVUS.gov site.
Frequently Asked Questions (FAQ)
1. Can I attend job interviews in the U.S. while on a B1/B2 visa?
Yes - you may attend interviews and explore job opportunities. However, you cannot start working or sign employment contracts that imply immediate work. If a U.S. employer wants to hire you, they must file an H-1B petition, and you must wait until your status officially changes before beginning any employment.
2. What happens if my H-1B petition is denied while I’m in the U.S. on a B1/B2 visa?
If your H-1B petition or change of status request is denied, you must either depart the U.S. before your B1/B2 status expires or file a separate application to extend your stay as a visitor (if you still qualify). Remaining after denial without valid status can trigger unlawful presence penalties that harm future visa eligibility.
3. Is it better to apply for H-1B from my home country or after arriving in the U.S. on B1/B2?
Each path has trade-offs. Applying from your home country avoids any ambiguity with intent and typically makes consular processing straightforward. Applying for Change of Status within the U.S. offers convenience but can complicate travel and visa stamping later. The best choice depends on your employer’s timeline, your travel history, and how soon your H-1B role begins.