Change of Status

(Change of Nonimmigrant Classification) In some cases, it is possible for nonimmigrant visa holders to change from one nonimmigrant classification to another. Information on change to F-1 and J-1 follows:

Change To F-1 Status

An alien in any nonimmigrant status except C, D, K, or M (and in certain cases J), except an alien who has entered the U.S. under terms of the Visa-Waiver Pilot Program, can apply for a change to F-1 status if he or she has maintained lawful nonimmigrant status up to the time the application is filed. An alien in J status may apply for a change of status only if not subject to the two-year home-country physical-presence requirement, or if that requirement has been waived.

Individuals in B-2 status may encounter difficulty in changing to F-1 unless their B-2 visa is noted "prospective student" by the consular officer, or unless they decided to seek admission to a U.S. school after arrival in the U.S.

Change To J-1 Status

An alien in any nonimmigrant status except C, D, or K, except an alien who has entered the U.S. under the Visa-Waiver Pilot Program, can apply for a change to J-1 status if he or she has maintained lawful nonimmigrant status up to the time the application is filed and is qualified for the desired nonimmigrant classification.

Change From J-1 Status

An exchange visitor's eligibility to change to another nonimmigrant visa status may be limited. Unless the visitor came to the U.S. to receive graduate medical education or training, or is subject to the two-year home physical presence requirement, he/she may apply for change to any other nonimmigrant status for which he/she is qualified. If the visitor is subject to the two-year requirement, he/she is eligible to change only to A or G status.

Process:

Individual must complete I-539 and provide appropriate supporting documents as outlined in application instructions (documents vary according to status requested).

Individual must present completed I-539 and application fee, payable to INS, to the Director of International Student Affairs for review. (Note: Dependents may be added to the I-539 application with an additional fee per dependent).

The fee for filing form I-539 is $200.

Director reviews application and supporting materials for completeness. When complete, copy all documents for file and mail original to:

Reinstatement to Student Status:

An F-1 student who has overstayed his or her authorized period of stay or has otherwise failed to maintain F-1 student status may apply for reinstatement and may be reinstated to lawful F-1 status at the discretion of an INS district director. The student makes application on Form I-539 (Application to Extend Status/Change Nonimmigrant Status) with fee, accompanied by an updated or initial Form I-20AB from the school the student is attending or wishes to attend, and the original I-94 (Arrival/Departure Record).

F-1 Reinstatements To Be Filed Locally But Processed By Service Centers