Laid-off H-1B workers trying to extend their stay in the US by switching to short-term B-2 visas are facing tougher scrutiny, frequent requests for additional documents and even denials, immigration experts say.
The situation has become more serious amid the Trump administration’s stricter immigration policies.
Tech giants such as Amazon, Oracle and Meta have laid off thousands of employees in recent months, and a large number of those affected are believed to be Indian professionals on H-1B visas.
Under visa rules, laid-off H-1B workers get only 60 days to find new employment. If they fail to secure another job within that period, they are expected to leave the United States.
In a difficult job market, many workers are exploring options to buy more time. One such option is switching to a B-2 visa, which allows a short-term stay of up to six months.
B-2 visas are generally meant for tourism, pleasure travel or medical treatment. However, immigration experts say US authorities are now becoming increasingly suspicious when laid-off H-1B workers apply for a change of status to B-2.
As a result, there has been a spike in Requests for Evidence and Notices of Intent to Deny. These notices demand more documents from applicants before a final decision is made.
“We are seeing a significant spike in RFEs and Notices of Intent to Deny on B-1/B-2 change-of-status applications filed by laid-off H-1B workers,” said US-based immigration attorney Rajiv Khanna.
He said the volume of such cases is now roughly ten times higher than what he would have considered normal at any earlier point in his career.
The pressure on H-1B workers has increased due to large-scale tech layoffs and recent policy changes, including the $100,000 fee for new H-1B petitions.
There is no official platform that tracks laid-off H-1B workers. According to Layoffs.fyi, which tracks job cuts in the technology and startup sectors, more than 110,000 workers were laid off in 2026 across 144 companies.
Boundless Immigration CEO Xiao Wang estimates that if technology companies have roughly 10 percent immigrant employees, the number of affected H-1B workers over the past year and a half could be around 25,000.
Indians are the largest beneficiaries of the H-1B programme. According to a 2026 report from USCIS and the Department of Homeland Security, 283,772 of the 406,348 approved H-1B petitions in FY25 were from Indians. They are also among the hardest hit by tech layoffs.
Wang said many Indian H-1B holders are feeling fear, anger and abandonment, especially because many have lived in the US for nearly a decade, bought homes, and have US-born children.
For them, the recent policy shifts have felt sudden and personal.
“Indian H-1B holders are taking it the hardest because their green card backlogs were already decades long; this is another door closing. We are hearing more people say they want to go home or move to Canada or Europe than at any point in the last decade,” Wang said.
Immigration attorney Kevin J Andrews said these employees are under immense pressure.
He said he has been handling H-1B layoff consultations every week since late 2022, but the present situation has become more complicated due to a tough job market, immigration scrutiny and the growing use of AI in workplace decisions and immigration processes.
Anna Stepanova, assistant managing attorney at Murthy Law Firm, said the best option for laid-off workers remains securing new employment within the 60-day grace period. However, many are also exploring alternatives such as B-2 visas, F-1 student visas, O-1 visas for individuals with extraordinary ability and L-1 visas for intra-company transfers.
According to Wang, some are also considering moving to Canada through Express Entry or the Global Talent Stream, with the hope of returning to the US later if conditions improve.
For now, the message from immigration experts is clear: switching from H-1B to B-2 may still be legal, but it is no longer easy. Applicants must be prepared for tougher questioning, more paperwork and a higher risk of denial.
