Q: I am on B2 visa currently in the US & was offered a job at a healthcare facility. What is the process in applying EAD?

A: While it is technically possible to apply for a change of status to employment-based status while you are legally on a B-2 visa, there are significant challenges to consider. One important limitation is that your I-94 was likely issued for a specific period, typically six months. Given the timeframe for processing an employment-based change of status, it can be particularly difficult to complete the process before your authorized stay under the B-2 status expires.

A: I need to inform you that B2 visa holders typically cannot apply for an EAD or work in the US, as B2 is strictly a tourist/visitor visa. To work legally, you'll need to change to an appropriate work visa status first, such as H-1B, which your potential employer would need to sponsor.

For healthcare positions, your employer might be able to help petition for an H-1B visa or explore other visa categories like EB-3 for skilled workers. This process usually requires leaving the US and applying from your home country, as changing from B2 to a work visa while in the US can be challenging and may raise questions about your original entry intentions.

Regarding your son, his ability to get a Social Security Number and path to a green card would depend entirely on your visa status and employment authorization. I recommend consulting with an immigration attorney to discuss your specific situation, as they can provide personalized guidance on the best approach for you and your son, considering the complexities of transitioning from a B2 visa to work authorization and eventual permanent residency.