How to Transition from a Tourist Visa to a Work Visa in the USA

You’re in the USA on a tourist visa (B1/B2), and life’s looking good. Maybe you’ve networked, found potential job opportunities, or just decided that you’d love to stay longer—and work.

But wait, is it even possible to switch from a tourist visa to a work visa without leaving the country?

Short answer: Yes, but it’s complicated. Let’s break it down.

Is it Legal to Change Status from a Tourist Visa to a Work Visa?

Yes, it’s possible, but with a catch. You can change your status from a tourist visa (B1/B2) to a work visa (like an H-1B) while you’re still in the USA, but you cannot start working until the change of status is approved. And yes, there’s paperwork and a waiting period involved, so buckle up.

Tip: Don’t jump the gun—starting work without official approval can get you into hot water with US immigration authorities.

Step 1: Find a Job Offer

This is the big one—you’ll need a job offer from a US-based employer willing to sponsor you for a work visa. For most people, this means the H-1B visa, but there are other types too, like the L-1 for intra-company transfers or the O-1 for individuals with extraordinary abilities.

Here’s what your employer needs to do:

1. File a Labor Condition Application (LCA): This goes to the US Department of Labor. It’s basically a form that ensures your employer will pay you the required wage.
2. Submit Form I-129: Your employer files this form with USCIS to petition for your change of status.

Tip: You can’t file these forms yourself—your employer has to do it for you.

Step 2: File for a Change of Status

Once your employer has filed the I-129 form, you’ll need to submit a formal request to USCIS to change your visa status from B1/B2 to H-1B (or whatever work visa you’re applying for). This process is known as a “change of status.”

Keep in mind that the change of status has to be approved before you can start working. If it’s denied, you’ll be expected to leave the country when your tourist visa expires.

Tip: Timing is key—file your change of status request well before your tourist visa expires.

Step 3: Stay Put (Don’t Leave the USA)

Here’s where it gets tricky: If you leave the USA while your change of status is being processed, the request is automatically canceled.

Yep, even if you’re headed out for a short trip, leaving the country means you’ll need to apply for a new work visa from your home country and go through the whole process again at a US consulate.

So, once you’ve filed for a change of status, hang tight in the USA until you receive approval.

Step 4: Understand the H-1B Lottery (If Applicable)

If you’re applying for the H-1B visa, you’ll likely face the lottery. The US only issues a limited number of H-1B visas each year, and demand far exceeds supply. If your employer is filing for an H-1B, they’ll enter you into this lottery, which is conducted every year in April.

If you’re lucky enough to get selected, your petition will be processed, and you’ll be on your way to legally working in the US.

Tip: Not all visas are subject to the lottery—some, like L-1 and O-1 visas, don’t have this limitation.

Step 5: Wait for Approval

Once everything’s submitted, it’s a waiting game. USCIS will review your change of status request, and it can take several weeks to a few months for a decision. You’ll want to check the status of your application regularly on the USCIS website.

If your application is approved, you’ll receive an approval notice, and your status will officially change to that of a work visa holder.

Tip: Until you have the approval notice in hand, stay patient—working before official approval could put your visa in jeopardy.

Final Thoughts

Transitioning from a tourist visa to a work visa in the US is absolutely possible, but it’s not as simple as just landing a job. Timing, paperwork, and legal restrictions are all part of the process. Be sure to work closely with your employer and consider seeking legal advice if needed.

For more detailed steps, visit the official USCIS website for all the necessary forms and up-to-date information on visa categories and requirements.