Can Tourist Visa Be Converted To Employment Visa In Usa

The rule of thumb for a tourist visa is that you can only stay for six months on it. Like most rules, there are always exceptions. Since this is the case, you may wonder if it is possible to convert your tourist visa to an employment visa in the USA? It is possible to do so and by reading this article you can gain knowledge on how it’s done and how to be successful in making your transition from a tourist visa to an employment visa. There are two different types of employment visas available in the United States: An H-1B, or a Green Card. Both of these choices differ greatly in their responsibilities and the type of path they take you down.

Can Tourist Visa Be Converted To Employment Visa In Usa

Anybody who has a tourist visa in the United States cannot work there. But there is a little-known program which folks use to change their immigration status from a tourist visa to an employment visa when they are in the US. At this time, that program is called H1-B visa, but it is been greatly criticized by the President.

The H1b employment visa is a non-immigrant work visa in the United States that allows individuals with college degrees or specialized skills to be employed by an American company. This visa has become a controversial topic in the recent few years, while many American companies claim they need skilled foreign nationals to come into the country and help their companies survive, many others believe the system is being abused and that it’s allowing too many people with lesser skills to enter the country.

A change of status means a change in your intention. For example, when you obtain a visa and enter the USA, you would have expressed to the US government your intention of a brief visit. The change in such intention can be construed to be deliberate and preconceived. If such preconception is deemed misleading, you could be barred from entering the US for ever.

Typically, when you obtain a visitor visa (for business or tourism), you inform the consulate that the duration of your visit will be short, no more than six months. Then, when you arrive at the US port of entry, you again inform the interviewing officer the same. The US State Department (DOS) holds that there is a presumption of misrepresentation if you try to apply for a change of status within 90 days of entry into the US. Further, the burden lies on you to prove that you did not misrepresent your true intention when you obtained the visa or when you were interviewed at the port of entry.

• Engaging in unauthorized employment on B1/B2 nonimmigrant status
• Enrolling in a course of study, if such study is not authorized for that nonimmigrant classification (e.g., B1/B2 status)
• Marrying a United States citizen or Green Card holder and taking up residence in the United States. To establish that an applicant took up residence in the United States before/after marriage, the consulate may consider whether: you have signed a long-term lease or a mortgage; there are any bills in your name; you have obtained a local driver’s license; and any other evidence that indicates you have taken up residence in the United States)
• Undertaking any other activity for which a change of status would be required without first applying for and receiving a change, such as starting an unauthorized education program without first obtaining a student status.

Inconsistent Conduct After 90 Days
If you violate your status or engage in conduct inconsistent with your status more than 90 days after admission to the United States, no automatic presumption of willful misrepresentation arises. However, the consulate can still examine the totality of your circumstances to assess if you have made a misrepresentation.

Legal Elements of the Misrepresentation Bar
To permanently bar a person from entering the US, the government agencies evaluate the following elements:

• You affirmatively made a misrepresentation such as in an oral interview, in written applications, or by submitting evidence containing false information. Note that silence or the failure to volunteer information does not in itself constitute a misrepresentation under this set of laws.
• Misrepresentation Must Have Been Before a U.S. Official, usually either a consular officer or a Department of Homeland Security officer at the port of entry.
• The misrepresentation was willfully made. The term “willfully” means knowingly and intentionally, as distinguished from accidentally, inadvertently, or in an honest belief that the facts are otherwise.
• The fact misrepresented is material, that is, relevant to your application or the agencies’ examination of the full facts.
• You must have made the misrepresentation on your own visa application or application for admission to the United States (not someone else’s), including any information provided in support of the application. For assisting someone else in making a misrepresentation, another set of laws could be applicable.
• You could be held responsible for misrepresentations made by your agent (such as a travel agent) or lawyer if you were aware of it.
• The applicant by using fraud or misrepresentation
• You sought to procure or procured a visa, other documentation, or admission into the United States. You are not required to have been successful; even an attempt is sufficient to complete the act of misrepresentation.