A Brief Guide to Changing Non-Immigrant Status in the U.S.

For individuals who enter the U.S. on a specific visa but find that their circumstances change, the option to change their non-immigrant status may be essential. Whether it’s to extend a stay due to family obligations or switch from a visitor to a student status, changing non-immigrant status can be complex. Here, we’ll outline the requirements, eligibility, and procedures for navigating a successful change of status.

People come to the U.S. for various reasons, such as tourism, starting a business, or visiting family. However, during their stay, they may decide to extend their visit or change their status—for example, a tourist may choose to attend university or start a business. In such cases, changing their non-immigrant status, such as from a B-2 tourist visa to an F-1 student visa or from F-1 to E-2 for business, is necessary. This process is formally known as a “change of status.”

To be eligible to change your non-immigrant status, you must meet several criteria:

1. Valid Status at Time of Application: You must be in the U.S. in a valid non-immigrant status and meet the requirements for the visa category you wish to change to.
2. Exclusion from Visa Waiver Program (VWP): Individuals admitted under the VWP (also known as ESTA) cannot change status.
3. Non-Changeable Visas: Certain non-immigrant visas cannot be changed to another category, such as the M-1 to F-1 or J visas.

If you plan to apply for a change of status, the application must be filed with U.S. Citizenship and Immigration Services (USCIS) before the expiration of your current I-94 form. Importantly, you must wait for USCIS to approve your application before engaging in activities permitted by your new visa category. For instance, if you’re changing from a tourist (B-2) visa to a student (F-1) visa, you cannot start classes until the change is approved. If changing from B-1 to E-2, for example, you cannot start work until the change is approved.

Failure to maintain your current status before a change is authorized can lead to penalties, including future bars to re-entry or deportation.

As long as the following conditions are met, you may stay in the U.S. while your change of status application is pending:

1. Timely Application: USCIS must receive your application before your current status expires.
2. Adherence to Current Status: You must not violate the terms of your current status.
3. Eligibility for New Status: You must meet the basic eligibility requirements for the new status.

If your application is denied, you will be considered out of status from the time your previous visa expired and will be required to leave the U.S. immediately.

Visa Duration and Departure

Once granted, the new status will remain valid until the date on the I-94 included with your USCIS approval notice. If you leave the U.S., you will need a new visa to re-enter, as your current status will typically end upon departure.

Family members accompanying the primary applicant can usually change their status simultaneously. For example, if the primary applicant is changing to F-1 student status, dependents may be eligible for F-2 status.

Changing non-immigrant status in the U.S. requires careful attention to the rules and processes. Scott Legal, P.C. can guide you through this journey, ensuring compliance with immigration regulations and making the transition as smooth as possible. To learn more, explore our free resources or schedule a consultation today.