Guide to U.S. Immigration

14. Change of Status

If the Alien is already in the U.S. and wants to change to a working visa, what are his alternatives?  For example, if the alien is in the U.S. with a B-1 visa, and since under this visa he cannot be employed by a US company, he must either return to Japan or change his visa while in the U.S.  Under immigration regulations he may apply to change his status to a working visa while in the U.S.

After several months in the U.S. (at least sixty days) the alien may change his status to another visa.  The standards are the same in all categories previously discussed; E, H, and L visas.  The alien files for a change of status on Immigration Form I-129 and if approved he may accept employment.

There are limitations on this method of obtaining a visa.  The change of status is recorded only on the alien's staying permit (I-94).  Therefore if the alien leaves the U.S. his visa status will revert back to his original visa, in this case a B-1.  If the alien desires to reenter the US, he will enter as a B-1 or has to obtain a visa in the new category at a U.S. consulate abroad.

It is difficult for many Japanese Managers to understand this procedure.  It can be explained by using an illustration.  The visa stamp in the passport can be thought of as an entry pass into the U.S.  Therefore one enters with his entry pass (E, H, or L).  Once the alien is in the US, a staying permit is issued (I-94).  The alien must have a valid staying permit to remain in the U.S.  The entry pass (visa stamp in passport) becomes irrelevant once the alien is in the U.S.  Even if the visa stamp in the passport expires as long as the staying permit (I-94) is valid the alien can remain in the U.S.