CHANGE OF STATUS

Overview: F-1 student status is appropriate if you intend to study full time in the United States. If you are currently in the United States as a temporary worker, diplomat, exchange visitor or any other non-immigrant classification EXCEPT a visitor in WT or WB status, and would like to change to F-1 student status, follow the procedures indicated below.

Eligibility: In general, non-immigrants who are maintaining lawful status may apply for change of status to F-1.

Exceptions: Non-immigrants subject to the Section 212 (e) two -year home residency requirement are ineligible to apply. Those in WT or WB are also ineligible. Those in F-2, B-1 or B-2 status are eligible to apply for change of status but cannot enroll in classes until the change of status has been approved by the US Citizenship and Immigration Services (USCIS).

**The U.S. Immigration and Customs Enforcement’s Student and Exchange Visitor Program posted similar guidance on its website on May 10, 2017. (TLC received this notification on 8/01/2017)

Is it permissible to enroll in school while in B-1/B-2 status?

No, it is not. The regulations, at 8 CFR 214.2(b)(7), specifically prohibit a course of study in the United States while in B-1 or B-2 status. Before enrolling in a course of study, individuals who are in B-1 or B-2 status must first acquire F-1 (academic student) or M-1 (vocational student) status. Enrolling in a course of study while in B-1/B-2 status will result in a status violation. Individuals in B-1 or B-2 status, who have violated their nonimmigrant status by enrolling in a course of study, are not eligible to extend their B status or change to F-1 or M-1 status. These regulations provide no exceptions.

How can I obtain F-1 or status?

If you currently hold B-1 or B-2 nonimmigrant status and would like to enroll in a course of study, you may apply to change to either F-1 or M-1 student status if all of the below are true:

• You have not yet enrolled in classes;
• Your current status has not expired and you've been in the USA for 90 days; 
• You have not worked in the United States without employment authorization.

To change your nonimmigrant status from B-1 or B-2 to F-1 or M-1, you must file a Form I-539, Application to Extend/Change Nonimmigrant Status and include the required fee and documents listed in the instructions.

 If your F-1 program will be deferred to the following academic term or semester if  a decision has not been made about your change of status. 

Please Note:

If you enroll in a course of study before approval of your Form I-539 change of status application, you will be ineligible to change your nonimmigrant status from B 1 or B-2 to F-1.

If you apply to extend your B-1 or B-2 status and you have already enrolled in a course of study, your extension request will be denied because you will have violated your status.

If You Are Not Eligible to Change Your Status

If you are not eligible to change your nonimmigrant status to F-1 or M-1 while in the United States, you may apply for an F-1 or M 1 visa at a U.S. consulate. For information about consular processing, please visit the Department of State’s website at www.state.gov/travel. For information about the Student and Exchange Visitor Program (SEVP), please visit the SEVP website at www.ice.gov/sevis or the Study in the States website at https://studyinthestates.dhs.gov/.

We encourage all students and prospective students to work closely with their designated school official (DSO) to coordinate the timing of an application for change of status and enrolling in a course of study.

You may change your status by departing the United States and re-entering in F-1 status. In order to re-enter the United States in F-1 status, you must have a valid, F-1 entry visa.

• If you were previously in lawful F-1 status at another school in the United States, have a valid F-1 entry visa, and have not been out of U.S. for more than 5 months, you may continue to use that visa, even if it was issued for your previous school.
• If you have been out of the U.S. for more than 5 months, you will need to apply for a new F-1 visa, even if your current one has not expired.
• If you have an F-1 entry visa that was cancelled by a consular office, you must apply for a new F-1 entry visa as described below.
• If you do not have an F-1 entry visa or you need a new one, you must apply for one at a U.S. Consulate. Once you have obtained an F-1 entry visa, you may then enter the United States with your visa and the following:

1. Your I-20 form from the Tampa Language Center
2. Supporting documents, such as copies of your admission letter
3. Your financial documentation

When you are at a port of entry, you will request F-1 status by presenting your passport, open to the F-1 visa page, and the I-20. If all is in order, the immigration inspector will admit you into F-1 status by stamping I-94 "F-1 D/S".

You may also attempt to change your status by submitting a change of status application to the US Citizenship and Immigration Services (USCIS). Your application for change of status must be received by USCIS no more than 30 days before or after the start date on your I-20. Following are the documents that will be needed to apply:

1. A completed I-539
2. Photocopies of I-94 stamp (Arrival/Departure Record) listing your status and the day you must depart the United States. If the USCIS denies your application, be prepared to leave the United States when your current status expires.
3. A copy of your I-20 form from Tampa Language Center, signed on the bottom of page 1.
4. Copies of financial documents.
5. Photocopy of your passport identification page- do not send your passport to the USCIS.
6. A bank check, money order, or personal check payable to U.S. Citizenship and Immigration Services for the required $470 fee. The USCIS does not accept cash. This fee includes any dependents that are changing status with you. Proof of SEVIS fee payment of $350. This fee can be paid on-line by completing Form I-901 at https://www.fmjfee.com
7. A letter explaining why you are requesting the change of status. This is extremely important! Your letter should clearly explain your current status, your plans to study at Tampa Language Center, and your long-term plans as well. Keep in mind that F-1 status is a NON-IMMIGRANT classification. This means that you must indicate, and in certain cases, may be required to document that you continue to maintain ties to your home country-whether in the form of residence, an expected job offer, or continuing family ties. It is not unusual for the USCIS to request documentation regarding your ties to your home country, but you should be prepared to provide such documentation. Your letter must include the following information if your are requesting a change of status:

H-1- Dates of employment under H-1 and the date of registration at the Tampa Language Center. A copy of the I-797, your 3 most recent pay stubs, and other documentation establishing that you were in and maintained valid H-1 status. The USCIS must receive your change of status application no later than the day you terminate your H-1 employer.

H-1 or L-1- You must give your dates of employment under H-1 or L-1 and request the date on which you want the F-1 status to be effective. For example, if your last day of employment is August 25, you should request that your F-1 status be effective on August 26. Be aware that the F-1 effective date MUST be within 30 days of the program start date in item 5 on your I-20. If you plan to leave your employment more than 30 days before the program start date, you must depart the U.S. and apply for an F-1 entry visa at a U.S. Consulate.

Any request for an effective date for F-1 status must be prominently stated in your letter of explanation for the change of status; you may also annotate the I-539 with your effective date request by clearly printing "Effective [date]" in Part 2. Application Type 1.b. under "The new status I am requesting is : ______

"Also include a copy of the I-797, your 3 most recent pay stubs, and other documentation establishing that you were in and maintained valid H-1 or L-1 status. The USCIS must receive your change of status application no later than the day you terminate your H-1 or L-1 employment as there is no grace period.

For more information please visit these websites: 

• www.uscis.gov
• https://studyinthestates.dhs.gov/