After my I-140 is approved, can I apply for a change of status while on a B-2?

In certain circumstances, yes, but it is a decision that calls for caution. Having an approved I-140 under EB-2 NIW is an important step toward a green card, because it shows your profile has been recognized in that category. Being in the United States on a B-2 visa, however, adds factors to consider before filing for adjustment of status.

The B-2 is a visitor visa, issued for temporary stays such as tourism or short visits. Using that status as the basis for an adjustment of status (through Form I-485) can raise questions about the intent you had when you entered the country. A very rapid change of plans may draw scrutiny from USCIS officers, especially if there are no elements showing that your situation evolved legitimately after entry.

• An approved I-140 opens a path, but it does not eliminate the eligibility analysis.
• The B-2 is temporary, and adjustment of status must respect the conditions of your current visa.
• Sudden changes of intent may require stronger supporting evidence.

Every case has its own details, and there are risks in attempting to change status without proper preparation. It is therefore worth seeking guidance from a specialist and reviewing the official USCIS rules before filing, and avoiding offers that promise easy solutions or guaranteed outcomes.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.