Can I Change a Visitor Visa to a Work Permit in the USA?

If you are currently in the United States on a visitor visa (B-1/B-2) and are considering changing your status to a work permit, you might wonder if this is possible and what steps you need to take. While working directly on a visitor visa is not allowed, there are ways to change your status to obtain a work permit legally. Here’s what you need to know.

Understanding Visitor Visas

• Visitor Visa (B-1/B-2): These visas are non-immigrant visas issued for temporary visits to the U.S. for business (B-1) or tourism/pleasure (B-2). They do not grant employment authorization.

Is It Possible to Change a Visitor Visa to a Work Permit?

Yes, changing your status from a visitor visa to a work visa is possible, allowing you to obtain a work permit. However, this process involves several steps and adherence to U.S. immigration laws.

Steps to Change a Visitor Visa to a Work Visa

1. Obtain a Job Offer

The first step is to secure a job offer from a U.S. employer. The employer must be willing to sponsor your visa application.

• Tip: Look for employers experienced in sponsoring foreign workers, as they will be familiar with the process.

2. File for a Change of Status

To change your visitor visa status to a work visa, you must file for a change of status with the U.S. Citizenship and Immigration Services (USCIS).

• Form: Submit Form I-539, Application to Extend/Change Nonimmigrant Status.
• Timing: It is essential to file this application before your visitor visa expires.

3. Determine the Appropriate Work Visa

Your eligibility for a work visa depends on the type of job you are offered. Here are some common visa categories that allow employment in the U.S.:

Visa Type	Purpose	Eligibility Criteria
H-1B Visa	For specialized workers in certain fields	Bachelor’s degree or higher, job offer from U.S. employer required
L-1 Visa	Intra-company transferees	Must be an employee of an international company with U.S. branches
O-1 Visa	Individuals with extraordinary ability	Recognized achievements in fields such as arts, science, education
E-2 Visa	Treaty investor visa	Investment in a U.S. enterprise and is a national of a treaty country
TN Visa	For Canadian and Mexican professionals	Job in certain professional categories like lawyers, engineers

4. Employer Sponsorship

Your employer must sponsor your work visa by filing a petition with USCIS on your behalf.

• Form: The employer will file Form I-129, Petition for a Nonimmigrant Worker.
• Process: The employer must demonstrate that you meet the qualifications for the specific visa category.

5. Await USCIS Decision

After the petition is filed, you must wait for a decision from USCIS. Processing times can vary based on the visa type and USCIS workload.

• Premium Processing: Some visas, like the H-1B, offer premium processing for faster decision-making, though this requires an additional fee.

Change a Visitor Visa to a Work Permit in the USA From Bangladesh

Important Considerations

1. No Employment on a Visitor Visa: It’s illegal to work on a visitor visa in the U.S. You must wait until your status is changed before beginning employment.
2. Timely Application: Ensure that you apply for a change of status before your visitor visa expires to avoid unlawful presence issues.
3. Legal Advice: Given the complexity of U.S. immigration laws, it’s advisable to consult with an immigration attorney to ensure you’re following the correct procedures.

Alternatives if You Cannot Change Status

If changing your status from a visitor visa to a work visa is not feasible, consider these alternatives:

• Student Visa (F-1): Apply for a student visa if you plan to pursue education in the U.S. This visa type allows for limited work opportunities through programs like Optional Practical Training (OPT).
• Return and Reapply: In some cases, it may be advisable to return to your home country and apply for a work visa.

Conclusion

While you cannot work on a visitor visa in the USA, changing your status to a work visa is possible, allowing you to obtain a work permit. The process involves securing a job offer, filing the appropriate forms with USCIS, and receiving sponsorship from a U.S. employer. Always ensure you follow legal procedures and consider consulting with an immigration attorney to navigate the complexities of U.S. visa regulations.

FAQs

1. Can I work in the USA on a visitor visa? No, working on a visitor visa is illegal.

2. How can I change my status from a visitor visa to a work visa? You need to file a change of status application with USCIS after securing a job offer and sponsorship from a U.S. employer.

3. How long does it take to get a work visa after changing from a visitor visa? Processing times vary but typically take several months, depending on the visa type and USCIS workload. Premium processing may be available for certain visas.