If I’m a current visitor to the US and have a 5 year B1/B2 visa of which I am in the first year, can I work a part-time job to support my college studies?

Can I change my legal situation in order to be able to enter a college here?

Asked on September 22, 2014 under Immigration Law, New Jersey


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

First of all, jus because you may have a 5 year B1/B2 visa does not mean that you are permitted to remain in the US for 5 years.  Your authorized period of stay in the US is guided by the I-94 you were issued at the time of entry to the US in that status.  The visa validity is for 5 years, meaning that throughout the validity period, you can make multiple entries to the US using that visa but each time your stay once you arrive in the US is determined by the I-94.  Secondly, in B1/B2 status you are absolutely NOT permitted to work, in any capacity!  If you become a college student, you need to be able to show the resources for paying for tuition and other related expenses without employment since you are not authorized to work.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.