Understanding B-2 Visas and the Legal Framework for Job Seeking Under the Trump Administration

With the return of the Trump Administration in 2025, U.S. immigration policies have shifted toward stricter enforcement. During the Biden Administration, the USCIS website advised stating that individuals could apply for a change of status to B-2 and look for a job, provided they did not engage in unauthorized work. As of now, this guidance remains on the USCIS website, but it is uncertain how much longer it will remain available, given the Trump administration’s focus on tightening nonimmigrant visa policies.Biden Administration’s guidance was not explicitly based on any provision in the Immigration and Nationality Act (INA) or the Code of Federal Regulations (CFR). Instead, it reflected a discretionary interpretation of existing policies, which may no longer be supported by the current administration’s approach to visa compliance.

Legal Basis for B-2 Visas

The B-2 visa is for temporary visitors coming to the U.S. for tourism, medical treatment, or other non-business-related purposes. The foundational legal provisions for B-2 visas include:

  • INA §101(a)(15)(B) [8 USC §1101(a)(15)(B)]: Defines temporary visitors for business (B-1) and pleasure (B-2).
  • 22 CFR §41.31: Details the requirements and limitations of B-1 and B-2 visas.
  • 9 FAM 402.2: Provides guidance for consular officers adjudicating B visa applications.

Contradictions in the Foreign Affairs Manual (FAM) Guidance

Despite Biden Administration USCIS guidance allowing job-seeking while on a B-2 visa, the Foreign Affairs Manual (FAM) presents contradictions regarding this practice:

  • 9 FAM 402.2-4(A) states that the B-2 visa is strictly for visitors for pleasure and does not include employment-related activities.
  • 9 FAM 402.2-4(A) also indicates that someone entering on B-2 to look for work may be denied entry because they lack nonimmigrant intent.
  • 9 FAM 402.2-5(C)(7) allows for individuals seeking long-term employment-based statuses (such as EB-5 or E-2 investors) to enter on a B-2 visa if they do not intend to adjust status while in the U.S.
  • 9 FAM 402.2-2(D)(d) warns against using the B-2 visa to remain in the U.S. indefinitely, reinforcing that job-seeking may be inconsistent with B-2 status.

These contradictions highlight the discretionary nature of USCIS and consular officer adjudications, making it risky for individuals to rely on policy guidance that is not explicitly supported by law. Under the Trump Administration, consular officers are likely to take a stricter approach and deny entry or applications for status changes based on suspected immigrant intent.

Is Job Seeking Allowed on a B-2 Visa?

  • 9 FAM 402.2-4(A) indicates that someone entering on B-2 to look for work may be denied entry because they lack nonimmigrant intent.
  • The INA and CFR do not explicitly state that seeking employment is a permissible activity on B-2 status.
  • 8 CFR §214.1(e) prohibits nonimmigrants from engaging employment unless explicitly authorized.
  • 9 FAM 402.2-5(C)(7) suggests that individuals seeking long-term employment-based statuses (such as EB-5 or E-2 investors) may still qualify for a B-2 visa if they do not intend to adjust status while in the U.S.

USCIS Position on Changing to B-2 Status While Job Hunting

  • During the Biden administration, USCIS allowed job-seeking on B-2 status as long as no employment was undertaken until the proper work visa (e.g., H-1B, O-1) was approved.
  • However, the Trump Administration has signaled a stricter approach to nonimmigrant visa enforcement, and guidance allowing job-seeking on B-2 status may be revoked.
  • The B-2 visa cannot be used as a bridge to permanent residence through repeated extensions or changes of status (Mwongera v. INS, 187 F.3d 323 (3d Cir. 1999)).

Political Uncertainty of Current Guidance

During the Biden Administration, USCIS policy allowed individuals to seek employment while on a B-2 visa as part of an effort to provide flexibility for nonimmigrants in the U.S. However, with the Trump Administration back in office:

  • USCIS policy guidance is subject to change and may be rescinded at any time.
  • Previous Trump-era immigration policies favored strict visa enforcement, making it likely that B-2 job-seeking allowances will be reversed.
  • Denials of B-2 applications and entries may increase based on suspected intent to remain in the U.S. permanently.
  • While the USCIS website still contains guidance on filing to change status to B-2 while looking for a job, it is uncertain how much longer that guidance will remain available.

Limitations on B-2 Stay

  • The initial period of stay for a B-2 visa is typically six months (8 CFR §214.2(b)(2)).
  • Extensions may be granted in six-month increments but should not be used as a means to maintain indefinite residence (Matter of Lawrence, 15 I&N Dec. 418 (BIA 1975)).
  • Frequent travel patterns (e.g., exiting every six months and returning immediately) may result in denial of entry due to suspected immigrant intent (9 FAM 402.2-2(D)(d)).

Working While a Change of Status to B-2 Is Pending and AC21 Portability

If an individual has applied for a change of status to B-2 but their previous H-1B I-94 remains valid, they arguably can continue working for their H-1B employer until either:

  1. The H-1B I-94 expires, or
  2. The change of status to B-2 is approved (which would terminate their ability to work).

AC21 Portability and Work Authorization

Under AC21 §105 (INA §214(n); 8 USC §1184(n)), an individual in a period of authorized H-1B stay with an unexpired H-1B I-94 may begin working for a new employer as soon as a new H-1B petition is properly filed. AC21 does not require the person to be in valid H-1B status, only in a period of authorized stay due to an unexpired H-1B I-94.

  • If a new H-1B petition is filed before the prior H-1B I-94 expires, the individual can start working for the new employer immediately under AC21 portability.
  • If the new H-1B petition is approved with a change of status, the person remains in the U.S. and continues working.

However, if the new H-1B petition is approved without a change of status, the individual must stop working upon approval and must leave the U.S., obtain an H-1B visa at a consulate, and re-enter on the new employer’s H-1B approval to obtain an I-94 authorizing work.

This distinction arises because a change of status approval under 8 CFR §248.1(a) requires maintaining status, while AC21 portability only requires being in a period of authorized H-1B stay.

What Happens If You Find a Job on B-2?

  • If you secure a job while on a B-2 visa, you must apply for a change of status to a work visa (such as H-1B, O-1, or L-1) before beginning employment.
  • You cannot work on a B-2 visa, and violating this rule can result in denial of future visa applications or removal proceedings.
  • If a change of status is not approved, you must leave the U.S. and apply for the appropriate work visa at a U.S. consulate abroad.

Final Thoughts

Under the new Trump Administration, The prior USCIS guidance under the Biden Administration that permitted job-seeking on a B-2 visa is likely to be revoked or more strictly enforced. Individuals considering this pathway should be aware that:

  • Policy changes may result in more denials of B-2 visa applications and status changes.
  • Seeking employment while on a B-2 visa may increase the risk of visa denials or entry refusals.
  • Consulting an immigration attorney before taking action is strongly recommended to navigate the shifting legal landscape.

Given the administration’s focus on restricting nonimmigrant visa use, foreign nationals should exercise caution before relying on past USCIS guidance that may no longer be applicable.