B2 to G2 Visa Transfer: Process, Benefits, and Disadvantages Explained

Key Takeaways:

• Changing from B2 to G2 visa requires filing Form I-539 and providing evidence of eligibility and purpose.
• Advantages of G2 visa include employment authorization, longer duration of stay, and the inclusion of immediate family members.
• Disadvantages of visa status change include potential approval issues, lengthy processing times, and associated costs.

Are you currently in the United States as a tourist or visitor on a B2 visa and considering shifting your status to a G2 visa? Navigating the intricacies of the U.S. immigration system can be daunting, but understanding the process of moving from a B2 to a G2 visa transfer can help you make informed decisions. This blog post aims to unpack the steps involved, along with the potential advantages and disadvantages of such a visa status change.

Understanding the B2 to G2 Visa Transfer Process

The procedure to change your visa status from B2 (temporary visitor for pleasure) to G2 (representative of a recognized government to an international organization) is governed by U.S. Citizenship and Immigration Services (USCIS). Here’s a step-by-step guide on how to undertake this process:

1. Determine Eligibility: Before applying, ensure that you meet the eligibility criteria for a G2 visa. This generally means you must be a representative of a recognized government who is being sent to the U.S. to work at an international organization.

2. File Form I-539: To change your status, you’ll need to file Form I-539, Application to Extend/Change Nonimmigrant Status, with USCIS. Be sure to complete this form accurately and provide all required supporting documents.

3. Pay the Filing Fee: There is a fee associated with Form I-539, which must be paid at the time of submission. Check the USCIS website for the most current fee information.

4. Submit Evidence: Alongside Form I-539, you’ll need to include evidence of your intended purpose in the U.S. such as a letter from your government or the international organization detailing your role and the need for your presence in the U.S.

1. Wait for a Decision: After submitting your application, you will have to wait for a decision from USCIS. The processing time can vary, so plan accordingly and submit your application well before your current B2 visa status expires.

Remember to check the official USCIS website for the most up-to-date information and detailed instructions regarding the application process and required documents.

Advantages of Changing from B2 to G2 Visa

There are numerous benefits associated with visa status change benefits from a B2 to a G2 visa, such as:

• Employment Authorization: Unlike the B2 visa, which does not permit employment, a G2 visa holder is authorized to work for the international organization that is sponsoring their stay in the U.S.
• Duration of Stay: G2 visa holders may be allowed to reside in the U.S. for the duration of their assignment, which can be longer than the maximum 6-month period typically granted to B2 visa holders.
• Family Inclusion: Those holding a G2 visa can also bring their immediate family members under G4 visas, allowing them to live and, in some cases, work or study in the U.S.

Disadvantages of Visa Status Change

Although there are clear perks to transitioning from a B2 to a G2 visa, there are also potential drawbacks to keep in mind:

• No Guarantee of Approval: Like with any visa application, there is no guaranteed success. The transfer from a B2 to G2 visa is subject to approval by USCIS, and not all applications will be approved.
• Processing Times: The time it takes to process a change of status can be lengthy, leaving you in a state of uncertainty until a decision is reached. During this time, you may not be able to work or travel outside of the U.S. without affecting your application.
• Cost: Changing your visa status comes with costs, including the application fee for Form I-539 and any additional legal fees if you seek the assistance of an immigration attorney.

In conclusion, transitioning from a B2 to G2 visa can open doors for new professional opportunities and extended stays for individuals eligible under this category. Although there are clear advantages of making this change, it’s essential to weigh these against the potential disadvantages and uncertainties involved in the application process. Always refer to the official USCIS website for the most accurate and current information when considering a change in your visa status.

Still Got Questions? Read Below to Know More:

Can my family travel with me on vacation to the U.S. if I’m there on a G2 visa for work

Yes, your family can travel with you to the U.S. while you’re there on a G2 visa for work. A G2 visa is issued to representatives of recognized governments who are traveling to the United States to work at an international organization. For your family members to join you, they would need to obtain G2 visas as well. Here’s what you need to know about your family traveling with you:

1. Eligible Family Members:
   • Your spouse;
   • Unmarried children under the age of 21 who are not members of some other household.
2. Application Process for Family Members:
   • Family members must apply for their own G2 visas.
   • They’ll need to provide evidence of the family relationship, such as marriage and birth certificates.
   • Each family member must complete the DS-160 visa application form.
   • They may also be required to attend a visa interview at a U.S. Embassy or Consulate.

Remember, even with G2 visas, your family should make sure they abide by the travel conditions and stay limitations that apply to their visa status.

For more detailed info about the G2 visa and application procedures for family members, you can visit the U.S. Department of State’s website on G visas here.

Please note that while visiting the U.S. on vacation alongside your G2 work stay, all family members should maintain valid visa status and adhere to all applicable U.S. immigration laws and regulations during their stay.

Will my child be able to attend public school in the U.S. if I switch to a G2 visa

Yes, your child will be able to attend public school in the United States if you switch to a G-2 visa. The G-2 visa is a nonimmigrant visa that allows representatives of recognized foreign governments to enter the United States to work at an international organization. Dependents of G-2 visa holders, which include spouses and unmarried children under the age of 21, are eligible to receive G-4 visas.

While on a G-4 visa, your child has the same rights to education as U.S. residents. According to the U.S. Department of State, “Children of G-1 through G-4 and NATO 1 through NATO 6 visa holders are entitled to free public education.” Here’s a direct quote from the Department of State’s Foreign Affairs Manual (FAM):

“Foreign Government Officials and Dependents – The children of foreign government officials in nonimmigrant G and NATO visa categories are entitled to public education.”

For more details, you can visit the Department of State’s website via this link: U.S. Visas for Employees of International Organizations and NATO.

When enrolling your child in a public school, make sure to provide proof of your G-2 visa status, your child’s G-4 visa status, and any other required documentation specified by the school district. Always check with the local school district to understand their specific enrollment requirements. You can typically find information about school enrollment for nonimmigrant visa holders on individual school district websites or by contacting the school directly.

Keep in mind that public schools in the U.S. are administered by local school districts, so while your child is entitled to attend public school, the rules for enrollment and attendance might differ slightly from one district to another. It’s always best to get in touch with the school district where you will be residing to get the most accurate information for that locality.

What happens to my visa status if the international organization I work for in the U.S. shuts down

If you’re in the U.S. on a visa sponsored by an international organization and the organization shuts down, your visa status could indeed be affected. Your ability to stay legally in the United States depends on the terms of your specific visa and your adherence to its conditions. Here’s what you need to consider:

1. Visa Validity: Generally, your visa is tied to your employment. If your employer, the international organization, closes, you would typically no longer be fulfilling the conditions of your visa.
2. Period of Stay: Regardless of your visa’s expiration date, your authorized period of stay is determined by the I-94 form you received upon entry. Once your employment ends, you’re expected to leave the United States or change to another legal status before the date on the I-94 form, if it comes first.
3. Change of Status: To maintain legal status, you may apply for a visa change to another category, if eligible, before your current status expires.

The U.S. Citizenship and Immigration Services (USCIS) advises:

“You may be allowed a 60-day grace period following a loss of employment in E, L-1, and certain J-1 classifications to allow you to depart the United States, change status to another nonimmigrant classification, or arrange for other lawful immigration options.”

For the most accurate guidance, you should consult directly with an immigration attorney or contact USCIS. Additionally, check the USCIS Change of Status page and the Department of Homeland Security’s Compliance guidelines for further information on your options after losing employment with an international organization in the U.S. Remember, failing to maintain your immigration status could lead to deportation and affect your ability to return to the U.S. in the future.

If I get a job offer from a U.S. company while on a G2 visa, can I change my status to a work visa

Yes, if you are currently in the United States on a G2 visa (which is typically for representatives of recognized governments at certain international organizations) and you receive a job offer from a U.S. company, you may be eligible to change your status to a work visa. The most common types of work visas are:

1. H-1B Visa – for specialty occupations requiring at least a bachelor’s degree or its equivalent.
2. L-1 Visa – for intracompany transferees who are managers, executives, or have specialized knowledge.
3. O-1 Visa – for individuals with extraordinary ability in sciences, arts, education, business, or athletics.

To change your visa status, you must:

• Have your prospective employer file a petition on your behalf with the United States Citizenship and Immigration Services (USCIS).
• Wait for the petition to be approved.
• Apply for a change of status with USCIS before your G2 visa expires.

Keep in mind that changing your visa status is subject to USCIS approval and depends on the specific terms of the job offer and whether you meet the qualifications for the work visa category. It’s important to maintain lawful immigration status throughout this process.

Here’s what USCIS states regarding changing to a different nonimmigrant status:

“You may be able to change to a new nonimmigrant status that fits your new activity if you were lawfully admitted to the United States with a nonimmigrant visa, your nonimmigrant status remains valid, you have not violated the conditions of your status, and you have not committed any actions that would make you ineligible.”

For more information and to start the application process, you should refer to the official USCIS website and the page about changing to a different nonimmigrant status: USCIS Change My Nonimmigrant Status.

Lastly, ensure that you also check the specific requirements for the work visa category you are interested in and adhere to all necessary regulations and application steps. Consider consulting with an immigration attorney for personalized guidance through the process.

Is it possible to extend my B2 visa due to a medical emergency, so I have more time to apply for a G2 visa

Yes, it’s possible to extend your B2 (tourist) visa due to a medical emergency. The U.S. Citizenship and Immigration Services (USCIS) allows individuals to apply for an extension of their stay in the United States if they have a valid reason, such as a medical emergency. To do so, you’ll need to submit Form I-539, Application to Extend/Change Nonimmigrant Status, before your current status expires.

Here’s what you need to do:

1. Complete Form I-539: You can find this form on the USCIS website. Fill it out with accurate information about your situation.
2. Gather Documentation: Provide documentation of your medical emergency. This could include medical reports, letters from doctors, or hospital records explaining why you cannot travel.
3. Pay the Fee: Check the latest fee on the USCIS website and make sure you include it with your application.

“If you are applying for an extension/change of status based on your medical condition, you must submit a medical certification from a licensed doctor who is treating you.” This certification should detail the nature of your condition and the medical necessity for your extended stay.

After filing for an extension, you should wait for the USCIS to make a decision on your application before you apply for a G2 (representative of a recognized government) visa. You can apply for a change to G2 status while in the United States if you meet all the eligibility requirements. For detailed information on the G2 visa and its requirements, you can visit the U.S. Department of State’s website.

Remember, while your case is pending, avoid overstaying your original authorized stay without approval from USCIS to maintain your legal status. If your situation is urgent and you need the process to move more quickly, you can request ‘expedited processing’ by providing a thorough explanation of the circumstances that justify the expedited request. If your B2 status expires while your I-539 application is still under review, you typically may remain in the U.S. while waiting for a decision, unless told otherwise by USCIS. However, if your extension request is ultimately denied, you may need to depart the United States immediately.

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Glossary or Definitions

• B2 Visa: A B2 visa, also known as a visitor visa, is a nonimmigrant visa that allows individuals to enter the United States temporarily for pleasure, tourism, or medical treatment. It does not permit employment or study.

• G2 Visa: A G2 visa is a nonimmigrant visa that allows individuals to enter the United States as representatives of a recognized government to work at an international organization. It permits employment with the sponsoring international organization.

• USCIS: The United States Citizenship and Immigration Services (USCIS) is the government agency responsible for overseeing lawful immigration to the United States. They administer immigration services and benefits, including the process of changing visa status.

• Form I-539: Form I-539, Application to Extend/Change Nonimmigrant Status, is the official form that individuals must file with USCIS when requesting a change of nonimmigrant status, such as changing from a B2 visa to a G2 visa.

• Eligibility: Eligibility refers to meeting the requirements and criteria set by the government for a specific immigration benefit or status. In the context of changing from a B2 to a G2 visa, it means being a representative of a recognized government who is being sent to the U.S. to work at an international organization.

• Filing Fee: A filing fee is a required payment that must be made when submitting an application to USCIS. It covers the government’s cost of processing the application. The specific fee amount for Form I-539 can be found on the USCIS website.

• Evidence: Evidence refers to supporting documents that must be submitted along with the application to prove eligibility and the intended purpose in the U.S. For changing from a B2 to a G2 visa, evidence may include a letter from the government or the international organization detailing the role and the need for the individual’s presence in the U.S.

• Processing Time: Processing time refers to the amount of time it takes for USCIS to review and make a decision on an application. The processing time can vary, and individuals should plan accordingly and submit their application well before their current visa status expires.

• Immigration Attorney: An immigration attorney is a legal professional who specializes in immigration law and provides legal advice and assistance to individuals navigating the immigration process. They can help with understanding and completing application forms, gathering evidence, and representing clients in immigration matters.

• Employment Authorization: Employment authorization refers to permission granted by the government to work legally in the United States. Unlike a B2 visa, a G2 visa allows employment with the sponsoring international organization.

• Duration of Stay: Duration of stay refers to the length of time an individual is permitted to remain in the United States on a particular visa. While B2 visa holders typically have a maximum stay of 6 months, G2 visa holders may be allowed to reside in the U.S. for the duration of their assignment.

• Family Inclusion: Family inclusion refers to the ability of a visa holder to bring their immediate family members to the United States under a derivative visa category. In the case of a G2 visa, the visa holder can bring their immediate family members under G4 visas, allowing them to live and, in some cases, work or study in the U.S.

• Cost: Cost refers to the expenses involved in changing visa status, including the application fee for Form I-539 and any additional legal fees if an immigration attorney is hired. It is important to consider these costs when evaluating the decision to change visa status.

• Approval: Approval refers to the outcome of an application for a change of visa status. It means that USCIS has reviewed the application and decided to grant the requested change in status. However, it’s important to note that not all applications will be approved, and there is no guarantee of success.

• State of Uncertainty: State of uncertainty refers to the period between submitting an application for a change of status and receiving a decision from USCIS. During this time, individuals may not have a clear idea of their legal status or future plans, which can create uncertainty and limitation in terms of employment and travel.

• Official USCIS Website: The official USCIS website is the authorized online platform where individuals can find accurate and up-to-date information regarding immigration laws, procedures, and requirements. It is the primary source of reliable information for individuals considering any changes to their visa status.

So, there you have it! Transitioning from a B2 to G2 visa can offer exciting prospects and longer stays in the U.S. Just remember to carefully weigh the pros and cons, and be prepared for the application process. For more detailed information and expert assistance, don’t forget to visit visaverge.com. Happy exploring!