If you are a B-1 or B-2 nonimmigrant and wish to study at a U.S. school, you must file a Form I-539, “Application to Extend/Change Nonimmigrant Status ,” with the U.S. Citizenship and Immigration Services (USCIS) to change to either an F-1 or M-1 status and pay the required fee and include the required documents listed in the instructions.
Full Answer
Can a B1 B2 visa be converted to an F1 student?
All other B1 and B2 visitors may apply for a change of nonimmigrant status to F1/M1 student by filing the Form I-539, Application to Extend/Change Status. However, B visitors should be aware of the 30/60 day rule [see comprehensive article ].
Do I need to change my B-1 visa status?
You do not need to apply to change your nonimmigrant status if you were admitted into the United States for business reasons (B-1 visa category) and you wish to remain in the United States for pleasure before your authorized stay expires.
Can a B-1 visa holder study in the US?
So, if you are in the United States on a B-1 or B-2 visitor visa and would like to study full-time, you must change your status to an F-1 or M-1 student visa before you enroll in, or begin, a course of study.
How do I change my visitor visa to student status?
After you are admitted to the United States by U.S. Customs and Border Protection (CBP) officials in visitor (B) visa status, you must separately apply to U.S. Citizenship and Immigration Services (USCIS) for a change of status to student (For M) status prior to the start of your program.
How to apply for a change to F-1 student status?
How long does a B visa last?
Is there an alternative way to get an F-1 student visa?
What must you do while application is pending?
How far in advance do you have to apply for an extension?
How long before I-20 can I start school?
What is the form I-20?
See 2 more
Can I change my B1 B2 visa to student visa?
All other B1 and B2 visitors may apply for a change of nonimmigrant status to F1/M1 student by filing the Form I-539, Application to Extend/Change Status. However, B visitors should be aware of the 30/60 day rule [see comprehensive article].
Can I convert my U.S. visitor visa to student visa?
Yes, a B2 tourist visa can be changed to an F1 visa.
Can I convert B1 visa to F-1?
Under Section 248(a) of the Immigration and Nationality Act, the United States government allows for certain non-immigrant visas to be changed or converted to another type of non-immigrant visa. While the purposes for which each visa type is issued, the US allows for B1/B2 visas to be converted to an F1 visa.
How long does it take to change status from B1 to F-1?
If a person enters on a B1/B2 visitor visa, generally the person is given 6 months of time or “status” to be in the US after successfully completing inspection. After a recommended waiting period of 90 days to file an application to change status to F-1 student, that leaves the person in status for only 3 more months.
Can B1 visa study in USA?
Per federal regulations, B-1 and B-2 nonimmigrants (i.e., visitors who are in the United States for business and pleasure purposes) are prohibited from enrolling in a course of study at a U.S. Student and Exchange Visitor Program (SEVP)-certified school.
Can B1 B2 visa be converted to green card?
A B-1/B-2 visa does not grant permanent resident status — it is a temporary visa – but the holder can apply for a green card. The maximum amount of time issued for a B1/B2 visa is 180 days. This visa allows for multiple entries into the United States.
Will my b1 b2 visa be Cancelled when I apply for an F-1?
Your B-1/B-2 visa will not be cancelled if you decide not to continue with your F-1 studies in the U.S. and you promptly depart the U.S. thank you for your answer.
Can I change my status from visitor to student in USA?
For instance, if you arrived here as a tourist but want to become a student, you must submit an application to change your status. We recommend that you apply as soon as you determine that you need to change to a different nonimmigrant category.
Can I change my visa status in USA?
In general, you may apply to change your nonimmigrant status if you were lawfully admitted to the United States in an eligible nonimmigrant status, your nonimmigrant status remains valid, you have not violated the conditions of your status and you have not committed any crimes that would make you ineligible.
Can we convert b1 b2 visa to H-1B?
As you could learn in the previous section, an immigrant can file the change of status application from B-2 to H-1B as long as you're in valid status, but certain obstacles may arise. Here is what you can expect if you want to request a change of status and get the new non immigrant status and how to deal with it.
Can I study on a visitor visa?
The only situation in which a student may use a Standard visitor visa to study a programme that will not be completed within their 6 month stay, (other than for an English language course) is where a student is undertaking distance learning.
Can you go to school on tourist visa?
This is the ultimate takeaway: while your children can be admitted to a public school on a Visitor Visa, it is against immigration law for them to attend. If you choose to send them, you will likely lose your Visa and potentially lose your chance to get other Visas in the future or even return to the United States.
Can you switch visa types?
For most economic routes, it is possible to switch from any visa, other than those listed above, as long as you are able to meet all other requirements for the particular visa you want. However, some categories are stricter.
Can b1 B2 visa be converted to H-1B?
As you could learn in the previous section, an immigrant can file the change of status application from B-2 to H-1B as long as you're in valid status, but certain obstacles may arise. Here is what you can expect if you want to request a change of status and get the new non immigrant status and how to deal with it.
THIS is how to change your visa status from B2 to F1 [2022]
This is temporary in nature with a validity of somewhere between 1 month to 10 years. After it has expired, you’re no longer permitted to stay in the US and have to return to your native country.
How To Change Your B1/B2 Visa Status To F1 Student Visa
What Is A B1/B2 Visa? B2 visitor visa allows individuals to enter the US and stay for a short, specific amount of time. This is mainly used for tourism, visiting your family and friends, or medical treatment purposes. B1 business visa allows for individuals to enter the US for a business requirement and stay for a short spurt. This visit is temporary in nature and the visitor/businessman has ...
Change of Status from B Visitor to F1/M1 Student
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How long before school starts can I get an F-1 visa?
The F-1 student visa allows you to enter the United States up to 30 days before your school program starts. If you are in the United States on a visitor visa, and your status will expire more than 30 days before your program start date, then you have two options: you can request to extend your current status by filing another Form I-539 to USCIS, ...
How to apply for an F-1 visa?
Next, you will have to apply at a U.S. embassy or consulate for your visa to travel to the United States as a student. The next steps will differ depending on the embassy or consulate you apply through, but generally, you will need to complete Form DS-160, pay the application fee and schedule an interview. If your interview is successful, you will be issued a visa that will allow you to enter the U.S. on F-1 student status.
How do I change my status?
If you’ve been accepted to study at a U.S.-based Student and Exchange Visitor Program ( SEVP)-approved school, congratulations! There are two ways you can change your status. One option is to apply directly to U.S. Citizenship and Immigration Services (USCIS) to adjust your status while your B-1/B-2 visitor visa is still valid. If you choose this , you will need to make sure you apply before your B-1/B-2 status runs out. Otherwise, you can also choose to apply for a student visa through consular processing from outside the United States.
When should I change my status from visitor to student?
When should I change my status from a visitor to a student? You should apply to change your status before your program starts. Bear in mind that if you are in the United States on a B-1/B-2 visa, you cannot enroll in classes or begin studying until USCIS has approved your change of status.
Do I have to wait for the I-539?
Once you have filed Form I-539, you will need to wait for USCIS to respond. While you are waiting, however, you will need to make sure that your original visitor status through your B-1/B-2 visa is still valid.
How long does a B visa last?
Your B-1 or B-2 status will expire more than 30 days before the start date of the course of study indicated on your Form I-20. For example, if the start date of your course of study is August 25th this year, but your B-1 or B-2 visa is valid only until July 5th of this year (more than 30 days), you will need to file a second Form I-539 to extend your visa. Check USCIS processing times to ensure that you file for the extension on time, but you should apply at least 45 days in advance.
How many hours can you take a B1 class?
These courses must not lead to a degree or certification, and must be less than 18 hours per week.
Are you eligible to apply for a change to M-1 student status?
You are eligible to apply for a change to M-1 student status if you meet the following conditions:
What must you do while application is pending?
You must make sure that you maintain your B-1 or B-2 status while you are waiting for your application to be approved. You may be required to file a second Form I-539 (along with the requisite fee) to extend the validity of your B-1 or B-2 status in two situations.
How long before I-20 can I start school?
If you don’t have a decision from USCIS at least 15 days before the program start date on your Form I-20, you should contact the DSO at your new school. You may not start school until your application has been approved, so you would have to defer your attendance until then.
Can you change your status if you enroll in a course before you change your status?
If you enroll in, or begin, a course of study before you change your status, you will violate the terms of your B-1 or B-2 visa and fall out of status. Once you fall out of status, you won’t be eligible for a change in status or an extension of your B-1 or B-visa.
Can you change your status if you have not committed a crime?
You have not committed any crimes that would make you ineligible for a change of status.
How many days before you can go to the US to get a student visa?
For example, if you hope to arrive in the US more than 30 days before the start of your studies, you will need to apply for a visitor visa instead of an F1 visa or M1 visa. Once you are in the US and your studies are thirty days or less away, you can apply for a student visa.
What is a visitor visa?
This visa allows visitors to take recreational courses of study, on a short-term basis, as well. If the course is short-term and takes fewer than 18 hours per week, you can generally travel on a visitor visa. However, you will need a student visa (F1 visa) if you want to study for academic credit in the US or if you want to attend conference, seminars, and other programs of study that take more than 18 hours per week. If you are a vocational student attending classes in the US, you may need an M1 visa.
How to change status for B1 student?
All other B1 and B2 visitors may apply for a change of nonimmigrant status to F1/M1 student by filing the Form I-539, Application to Extend/Change Status. However, B visitors should be aware of the 30/60 day rule [see comprehensive article ]. The 30/60 day rule is an adjudicative principle used by the Department of State, and often referenced by the USCIS [see article on USCIS and the rule] which addresses when an alien “conduct [s] [him or herself] in a manner inconsistent with representations they made to the consular officers concerning their intentions at the time of visa application or to immigration officers when applying for admission.” Although the 30/60 day rule is not binding on USCIS, the USCIS will generally deny a change of status application sought within 30/60 days of entry as a B visitor (except in the case of a B2 “prospective student”). If the B visitor obtained a school certificate prior to entry, this will be considered evidence of “preconceived student intent.”
How long does it take for a B visa to change status?
Although the 30/60 day rule is not binding on USCIS, the USCIS will generally deny a change of status application sought within 30/60 days of entry as a B visitor (except in the case of a B2 “prospective student”).
What is required to get an F1 visa?
It is important to remember that an applicant for an F1 or M1 student visa is required to demonstrate that he or she will have the necessary financial support to study in the United States. In the precedent decision in the Matter of Haddad, 10 I&N Dec. 785 (RC 1964) [ PDF version ], a change of status from B visitor to F1 student was denied, in part because the applicant failed to demonstrate that he would have the requisite financial support to engage in a full course of study. A B1 or B2 visitor seeking a change to F1 or M1 status should be aware that additional evidence will likely be needed to demonstrate having the requisite financial resources to be eligible for a student visa.
How long can I stay in F1?
8 C.F.R. 214.2 (f) (5) (i) states that an F1 student “may be admitted for a period of up to 30 days before the indicated report date or program start date listed on the Form I-20.” USCIS interprets this in conjunction with 8 C.F.R. 248.1 to mean that an alien may not change status from B2 to F1 if his or her B2 status does not expire for more than 30 days before F1 status would begin. For this reason, a B vistor whose status is scheduled to expire prior to 30 days before his or her intended program start date must file a separate Form I-539 extension of status application along with a separate filing fee in order to maintain B status until the change to student status could be completed. Please see our full article on the subject to learn more [ see article ].
What form do I use to change my status?
The change of status application is filed on the Form I-539 . The B1 or B2 visitor must not have engaged in unauthorized employment prior to the change of status application.
Can I change my B visitor status after it expires?
In 2011, the United States District Court for the District of Maryland called the USCIS's position that the change of status application could not be approved after the expiration of B visitor status in Youssefi, v. Renaud, 794 F.Supp.2d 585 (D. Md. 2011) [ PDF version ]. However, no Federal circuit courts have adopted this view in a published decision.
How to apply for a student visa in the US?
Until you receive notice of approval from USCIS, do not assume the requested status has been approved. Before USCIS may approve your application, you must take the following steps: 1 Apply to and receive acceptance from a U.S. Student and Exchange Visitor Program (SEVP)-certified school. 2 Obtain an initial Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, from the SEVP-certified school. The Designated School Official (DSO) should give change of status in the Issue Reason section of the Form I-20. 3 Pay the I-901 SEVIS Fee. 4 File a Form I-539, Application to Extend/Change Nonimmigrant Status, with USCIS.
What if My Change of Status Application to F-1 Nonimmigrant Student is Approved More than 30 Days Before My F-1 Program Start Date?
If we approve an application more than 30 days before your program start date, you must ensure that you do not violate your F-1 status. An example of a violation would be engaging in employment, including on-campus employment and practical training, more than 30 days before the program start date as listed on your Form I-20.
What if My Current Status Doesn’t Allow Me to Enroll in Classes?
If you are requesting to change from another nonimmigrant status to F or M student status and your current nonimmigrant status does not permit you to enroll in classes, do not enroll in classes or begin your studies until USCIS has approved your change of status. If USCIS has not adjudicated your change of status at least 15 days before the program start date on your Form I-20, contact the designated school official (DSO) at your new school. If USCIS does not grant your request to change status prior to the start date of classes, you may need to defer attendance and wait until the following term in order to begin your studies at the school in F or M status.
How long does it take for USCIS to change status?
If USCIS has not adjudicated your change of status at least 15 days before the program start date on your Form I-20, contact the DSO at your new school. If USCIS does not grant your request to change status prior to the start date of classes, you will need to defer attendance and wait until the following term in order to begin your studies at ...
What is the DSO on I-20?
Obtain an initial Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, from the SEVP-certified school. The Designated School Official (DSO) should give change of status in the Issue Reason section of the Form I-20.
What is the F-1 status?
Individuals who are prohibited from enrolling in class must first acquire F-1 (academic student) or M-1 (vocational student) status. Enrolling in a course of study while in a status that does not permit enrolling in a class will result in a status violation. Individuals who have violated their nonimmigrant status by enrolling in a course ...
Do I have to maintain a valid nonimmigrant status while I am applying for a change of status?
Please note that if you are applying to change status to M status, you must maintain a valid nonimmigrant status while your Form I-539 change of status application is pending.
What form do I need to change my status to an F-1?
If you are a B-1 or B-2 nonimmigrant and wish to study at a U.S. school, you must file a Form I-539, “Application to Extend/Change Nonimmigrant Status ,” with the U.S. Citizenship and Immigration Services (USCIS) to change to either an F-1 or M-1 status and pay the required fee and include the required documents listed in the instructions.
How long does it take for USCIS to change status?
If USCIS has not adjudicated your change of status at least 15 days before the program start date on your Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” contact the designated school official at your new school as you may need to defer your attendance to a later start date.
How long does it take for USCIS to approve I-539?
USCIS may only approve your Form I-539 change of status request if you are maintaining your B-1/B-2 status up to 30 days before your program’s initial start date .
Can a B-2 nonimmigrant go to a B-2 school?
Per federal regulations, B-1 and B-2 nonimmigrants (i.e., visitors who are in the United States for business and pleasure purposes) are prohibited from enrolling in a course of study at a U.S. Student and Exchange Visitor Program (SEVP)-certified school.
Do you have to pay a separate filing fee for B-2?
Because extending your current stay in B-1 or B-2 status and changing from B-1 or B-2 to F-1 or M-1 status are two distinct benefits, you must pay a separate filing fee for each request.
Can I enroll in SEVP if I have an I-539?
While your Form I-539 is pending, you must maintain your B-1 or B-2 status and cannot enroll in your SEVP-certified program until USCIS approves your change of status request . Enrolling in a course of study as a B-1 or B-2 nonimmigrant, prior to receiving authorization, will result in a status violation and ineligibility to extend your B status or change to F-1 or M-1 status in the future.
What is a B visa?
After you are admitted to the United States by U.S. Customs and Border Protection (CBP) officials in visitor (B) visa status, you must separately apply to U.S. Citizenship and Immigration Services (USCIS) for a change of status to student (For M) status prior to the start of your program.
How far in advance can you get a student visa?
New Students – Student (F and M) visas for new students can be issued up to 120 days in advance of the start date for a course of study. However, you will not be allowed to enter the United States on your student visa more than 30 days before the start date.
What happens after a visa interview?
After your visa interview, the consular officer may determine that your application requires further administrative processing. The consular officer will inform you if this is required.
How long does a passport need to be valid for a visa interview?
Gather and prepare the following required documents before your visa interview: Passport valid for travel to the United States – Your passport must be valid for at least six months beyond your period of stay in the United States (unless exempt by country-specific agreements ).
What documents do consular officers need to interview you for a student visa?
A consular officer will interview you to determine your qualifications for a student visa, and may request additional documents, such as evidence of: Your academic preparation, such as: Transcripts, diplomas, degrees, or certificates from schools you attended; and. Standardized test scores required by your U.S. school;
What is an EAD for F-1?
Students who are authorized Optional Practical Training (OPT) must have a Form I-20 endorsed for OPT, and apply to USCIS for an Employment Authorization Document (EAD). When authorized, OPT is temporary employment that is directly related to the eligible F-1 student's area of study.
Where to schedule a visa interview?
You should schedule an appointment for your visa interview at the U.S. Embassy or Consulate in the country where you live. You may schedule your interview at another U.S. Embassy or Consulate, but be aware that it may be more difficult to qualify for a visa outside of the country where you live.
How to apply for a change to F-1 student status?
You must take the following steps to apply for a change in status to F-1 student status.
How long does a B visa last?
Your B-1 or B-2 status will expire more than 30 days before the start date of the course of study indicated on your Form I-20. For example, if the start date of your course of study is August 25th this year, but your B-1 or B-2 visa is valid only until July 22nd of this year (more than 30 days), you will need to file a second Form I-539 to extend your visa. Check USCIS processing times to ensure that you file for the extension on time, but you should apply at least 45 days in advance.
Is there an alternative way to get an F-1 student visa?
If you prefer, or if USCIS declines your application for change of status, you can go back to your home country and apply for an F-1 student visa at a U.S. Embassy or Consulate. Here’s everything you need to know for your F-1 student visa application.
What must you do while application is pending?
You must make sure that you maintain your B-1 or B-2 status while you are waiting for your application to be approved. You may be required to file a second Form I-539 (along with the requisite fee) to extend the validity of your B-1 or B-2 status in two situations.
How far in advance do you have to apply for an extension?
Check USCIS processing times to ensure that you file for the extension on time, but you should apply at least 45 days in advance. You had to defer the start date of the course of study indicated on your Form I-20 to the following academic term or semester because you did not receive a decision from USCIS on your application for change ...
How long before I-20 can I start school?
If you don’t have a decision from USCIS at least 15 days before the program start date on your Form I-20, you should contact the DSO at your new school. You may not start school until your application has been approved, so you would have to defer your attendance until then.
What is the form I-20?
2. Once you are enrolled in SEVIS, you will receive a Form I-20, “Certificate of Eligibility for Nonimmigrant (F-1) Student Status — For Academic and Language Students,” from your school.
Do You Need An F-1 Or M-1 Student Visa?
Are You Eligible to Apply For A Change to M-1 Student Status?
- You are eligible to apply for a change to M-1 student status if you meet the following conditions: 1. You have not enrolled in a course of study; 1. Your current B-1 or B-2 status is still valid; 1. You have not worked in the United States without employment authorization; and 1. You have not committed any crimes that would make you ineligible for a change of status. Note: Before you a…
How to Apply For A Change to M-1 Student Status?
- You must take the following stepsto apply for a change in status to M-1 student status. 1. You must first apply, and be accepted by, a school approved by the U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP). Once you are accepted by the U.S. school you plan to attend, you will be enrolled in the Student and...
What Must You Do While Application Is pending?
- You must make sure that you maintain your B-1 or B-2 status while you are waiting for your application to be approved. You may be required to file a second Form I-539 (along with the requisite fee) to extend the validity of your B-1 or B-2 status in two situations. 1. Your B-1 or B-2 status will expire more than 30 days before the start date of the course of study indicated on yo…
Is There An Alternative Way to Get An M-1 Student Visa?
- If you prefer, or if USCIS declines your application for change of status, you can go back to your home country and apply for an M-1 student visa at a U.S. Embassy or Consulate. Here’s everything you need to knowfor your M-1 student visa application.