When someone travels to the U.S. under one visa category (e.g., B1/B2) and wants to switch to another visa category, this process is called a “Change of Status.” This allows the individual to stay in the U.S. while switching visa categories without needing to leave the country.

What is a Change of Status?

A Change of Status occurs when a person, already in the U.S. on one visa type, applies to switch to another visa category without exiting the country. This process is usually done by filing a Change of Status application with the U.S. Citizenship and Immigration Services (USCIS).

Can You Switch from B1/B2 to EB3 Visa?

The question here is whether someone on a B1/B2 visa (usually for business or tourism) can switch to an EB3 visa (employment-based immigration). While it’s possible, the process is complex and has certain limitations:

1. Restrictions and Conditions: If someone enters the U.S. on a visitor visa (B1/B2) and later decides to apply for a work-based immigrant visa (like EB3), they need to meet specific conditions, including waiting at least 90 days after entering the U.S. before applying for a change of status. Filing too soon after entry might suggest visa fraud.
2. Labor Certification: To switch to an EB3 visa, the employer must go through the labor certification process, which ensures no qualified U.S. workers are available for the position. This process can take several months or even a year.
3. I-140 Petition: Once the labor certification is approved, the employer files an I-140 petition for the worker. During this time, the applicant must maintain valid immigration status.
4. Pending Decision and Overstay Risk: The process of changing from B1/B2 to EB3 can be time-consuming. If the person’s B1/B2 status expires while the EB3 application is still pending, it can lead to issues of overstay. An overstay may result in penalties and future visa complications.

Risks of Complicating the Case:

Switching from a visitor visa to an employment-based visa is not always straightforward. Filing a Change of Status application can make the case more complicated and lengthen the process. Additionally:

• Your B1/B2 visa might get revoked.
• If the EB3 visa is denied, your immigration status becomes uncertain.

Recommendation:

It is generally advised to avoid switching directly from B1/B2 to EB3 while in the U.S. Instead, the better approach would be to apply for the EB3 visa while outside the U.S. (through consular processing). This way, you can maintain your B1/B2 status for future visits without complications.

If you need assistance with this process, consulting with immigration experts or attorneys who specialize in such cases can be helpful to guide you through the complexities.