Law Firm Flags USCIS Scrutiny of B Visa Filings by Laid-Off H‑1Bs

Attorneys say B‑1/B‑2 filings after H‑1B layoffs face tougher scrutiny, raising alarms about how laid‑off visa holders should navigate the period after termination. A February 23, 2026 post from Reddy Neumann Brown PC describes recent Requests for Evidence, Notices of Intent to Deny, and denials tied to visitor‑visa change‑of‑status filings by former H‑1B workers.

What Attorneys Report

In its February 23 note, the Houston‑based firm says some USCIS decisions argue that job searching is not a permissible B‑2 activity and suggest that filing a later H‑1B petition undermines the applicant’s prior visitor‑visa intent. The firm characterizes this as a quiet shift that conflicts with what many workers and employers believed government guidance allowed. The post does not cite an official policy change, and USCIS has not issued a public rule revision announcing one.

What USCIS Says

USCIS’s own guidance outlines options after a layoff, including a USCIS allows a 60‑day grace period after termination and the ability to request a change of status, such as to B‑1/B‑2, to remain while exploring next steps. The agency also states that job searching and interviewing are permissible B‑1/B‑2 activities—but no employment may begin until the appropriate petition and change of status are approved and take effect. Taken together, the published material affirms that job‑seeking itself does not equal unauthorized work, while emphasizing that starting a job requires work‑authorized status. (uscis.gov)

Why It Matters

If USCIS denies a change of status, applicants typically must depart and, if eligible, reenter in the correct classification before beginning work—another reason timing and documentation matter. USCIS materials further warn that remaining after a denial can trigger unlawful presence bars after certain overstay periods, which may later complicate visa issuance. These are high‑stakes outcomes for workers trying to bridge a layoff and for employers seeking to rehire without disruption. (uscis.gov)

What To Watch

Immigration lawyers are urging clarity from USCIS on how officers are applying visitor‑visa rules in post‑layoff cases. Until then, case‑specific strategies—carefully documenting temporary purpose, avoiding any employment, and timing petitions precisely—remain essential. This developing friction point sits between longstanding, published guidance and how individual files may be adjudicated in practice.

Sources

• Options for Nonimmigrant Workers Following Termination of Employment — USCIS (accessed March 5, 2026)
• Change My Nonimmigrant Status — USCIS (accessed March 5, 2026)
• Unlawful Presence and Inadmissibility — USCIS (accessed March 5, 2026)
• Is USCIS Setting a Trap for H‑1B Workers Filing B‑1/B‑2 After Termination? — Reddy Neumann Brown PC (February 23, 2026)

Disclaimer: This article is for general information and is not legal advice.