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H-1B-to-B-2 RFE: Evidence USCIS May Request After a Layoff

Written by Niloofar Rahimi Zadeh | Oct 27, 2026, 10:26:53 PM

Immigration attorneys are reporting increased scrutiny of some Form I-539 applications filed by H-1B workers seeking to change to B-2 visitor status after their employment ends. Requests for Evidence (RFEs) may ask applicants to document where they stayed, how they spent their time, how they paid their expenses, and when they plan to leave the United States.

USCIS has not announced a new B-2 eligibility rule or published data confirming how frequently these RFEs are issued. However, the reports highlight an important distinction: filing for B-2 status after a layoff is not enough by itself. The applicant must independently establish a genuine, temporary visitor purpose and eligibility for the requested period. (rnlawgroup.com)

Why USCIS May Question an H-1B-to-B-2 Application

B-2 is a temporary visitor classification, not an extension of H-1B status or employment authorization. Federal regulations recognize recreational activities such as tourism, vacations, visits with friends or relatives, rest, and medical treatment as potential B-2 purposes. Applicants must also demonstrate temporary intent, adequate financial arrangements, and plans to leave the United States. (law.cornell.edu)

USCIS Form I-539 instructions specifically direct B-1 and B-2 applicants to explain:

  • Why they are requesting the change or extension;
  • Why their stay will be temporary;
  • What arrangements they have made to depart;
  • How the stay affects their foreign employment or residence; and
  • How they will financially support themselves in the United States. (uscis.gov)

An application centered only on finding another job may therefore raise questions about whether the requested classification matches the applicant’s actual purpose. Job searching or interviewing does not authorize employment and should not replace a truthful explanation of any qualifying visitor activities.

What Evidence Can Support a B-2 RFE Response?

The exact response must address the questions in the individual RFE. Depending on the notice, useful evidence may include the following.

Issue raised by USCIS Potential supporting evidence
Temporary visitor activities A chronological itinerary, transportation records, hotel invoices, attraction tickets, dated photographs, and account transactions
Visits with family or friends Host names and addresses, visit dates, relationship explanations, and signed host letters
Places where the applicant stayed A list of overnight addresses and dates, hotel records, leases, housing correspondence, or host statements
Financial support Bank statements, savings records, proof of lawful fund sources, expense estimates, and sponsor letters
Foreign residence and ties A foreign lease, property or household records, family ties, professional commitments, or other evidence of a continuing residence abroad
Departure plans A proposed departure date, destination, available travel funds, reservations, lease-ending correspondence, or arrangements for personal property
Previous H-1B status Form I-94, H-1B approval notices, pay statements, termination records, and other evidence showing status before the I-539 filing

Evidence should show what actually happened—not simply repeat the itinerary originally proposed months earlier. If plans changed, the response should identify the original plan, explain the change, and document the activities that replaced it.

Applicants should not create trips, reservations, foreign employment, or other evidence to make the case appear stronger. Immigration submissions are certified as true and correct, and inconsistencies can create additional problems. (ecfr.gov)

Employment and Study Remain Restricted

A person in B-2 status cannot work in the United States. Federal regulations prohibit B-2 visitors from engaging in employment, and a pending Form I-539 does not continue H-1B work authorization after the qualifying H-1B employment has ended. (ecfr.gov)

Applicants should be particularly careful with:

  • Freelance, consulting, or gig work;
  • Unpaid productive services for a business;
  • Continuing to perform duties for the former employer;
  • Internships or training that may constitute work; and
  • Degree or certificate study requiring F-1 status.

A B-2 visitor may participate in a short recreational, noncredit course incidental to the visit. Degree study generally cannot begin unless USCIS first approves a change to F-1 status or the person leaves and returns in valid student status. Likewise, receiving an I-20 or filing an F-1 change-of-status application does not independently authorize Curricular Practical Training (CPT). (travel.state.gov)

Readers considering a later student-status strategy can review the general change-of-status process, but eligibility and timing should be evaluated individually.

How the H-1B Grace Period Fits Into the Process

As of October 27, 2026, federal regulations still provide certain H-1B and other employment-based nonimmigrants with a discretionary grace period of up to 60 consecutive days after employment ends—or until the authorized validity period expires, whichever comes first. The grace period does not itself authorize employment. (ecfr.gov)

DHS published a proposed rule on September 11, 2026, that would eliminate this grace period, but the proposal is not final. Public comments are due November 10, 2026. The current regulation therefore remains in effect unless and until a final rule changes it. (govinfo.gov)

A timely B-2 application filed during the applicable grace period is still a separate request requiring its own evidence. For additional context, see Day1CPT.org’s guide to the H-1B layoff and 60-day grace period.

How to Organize the RFE Response

A well-organized response should directly track the RFE’s questions:

  1. Read every request carefully. Identify each eligibility issue and requested document.
  2. Create one consistent chronology. Separate original plans, completed activities, canceled plans, current circumstances, and future activities.
  3. Connect each claim to evidence. Use exhibit numbers and descriptive file names.
  4. Explain missing records truthfully. If primary evidence is unavailable, explain why and provide appropriate secondary evidence.
  5. Submit the complete response by the stated deadline. Federal regulations require requested materials to be submitted together. A partial submission may be treated as a request for USCIS to decide the case using the existing record. (ecfr.gov)

Individual legal advice may be especially important if the applicant performed any work, has inconsistent immigration filings, lacks evidence of a foreign residence, or has a new H-1B petition depending on approval of the B-2 change of status.

Frequently Asked Questions

Does receiving a B-2 RFE mean the application will be denied?

No. An RFE means USCIS believes additional information or documentation is needed before it can decide the application. The applicant must respond completely and by the deadline printed on the notice. Failure to respond can result in denial based on abandonment or the existing record. (ecfr.gov)

Can job searching be the only stated reason for changing from H-1B to B-2?

Relying only on job searching can create eligibility concerns because B-2 classification requires a qualifying temporary visitor purpose. The response should describe the applicant’s actual circumstances truthfully, including any tourism, family visits, rest, medical treatment, financial arrangements, and departure plans. Applicants should not invent visitor activities.

Can I work while my B-2 change-of-status application is pending?

No—not based on the B-2 application. Filing Form I-539 does not provide employment authorization or extend authorization from a former H-1B position. Employment requires a separate, valid legal basis, such as qualifying H-1B portability after a new employer properly files an eligible petition.

Can I start an F-1 program or use CPT while in B-2 status?

Generally, you cannot begin degree study while in B-2 status. You must first obtain F-1 status or depart and reenter in valid F-1 status, as applicable. CPT also requires valid F-1 status, compliance with the applicable curricular requirements, and authorization from the school’s designated school official before employment begins. (travel.state.gov)

Does filing Form I-539 guarantee six months of B-2 status?

No. Filing does not guarantee approval or a particular period of stay. USCIS determines whether the applicant has established eligibility and whether the requested period is justified by the temporary visitor purpose.

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