The B1 visa and B2 visa do not grant permanent resident status they are temporary visas – but you can adjust your status from a B1/B2 visa to another type of visa while you are in the U.S. as long as you meet certain requirements. This process involves submitting a change of status application to U.S. Citizenship and Immigration Services (USCIS).
Key points to consider if you want to change status from B1/B2:
- Purpose of stay: Your reason for wanting to stay in the U.S. should match the new visa type. For example, if you wish to study, you may apply to change to a student visa (F-1). If you find an employer willing to sponsor you, you could apply to change to a work visa (like H-1B).
- Timing: You should apply before your current status expires, typically indicated on the I-94 Arrival/Departure Record. USCIS recommends applying at least 45 days before your current status expires.
- Eligibility: Not everyone can change their status. For example, you cannot change your status if you entered the U.S. under the Visa Waiver Program unless it is due to marriage to a U.S. citizen.
- Status violation: If you’ve violated the terms of your current status (for instance, if you’ve started working while on a B1/B2 visa without authorization), you usually can’t change your status.
- Approval: Even if you meet all conditions and file an application, the final decision is up to USCIS.