Janice Lozano
International students on an F-1 visa can change their non-immigrant status to student status in the United States. This can be done by applying for a change of status with USCIS and meeting certain criteria, such as being lawfully admitted to the US and not having committed any crimes. Students with J status who are subject to the two-year home country physical requirement need a waiver to change their status in the US. Additionally, F-1 students can transfer between SEVP-certified schools or educational levels, but those who do not pursue a full course of study must apply for reinstatement or depart and return as an initial entry in a new F-1 nonimmigrant status. M-1 students have similar options but with certain time limitations and eligibility requirements.
Characteristics of an international student converting their status
| Characteristics | Values |
|---|---|
| Current status | Lawful non-immigrant |
| Non-immigrant status | A, G, NATO, B-1, B-2, E, F-1, M-1, J |
| Application | USCIS Form I-539 |
| Application fee | $420 (online), $470 (paper filing) |
| Supporting documents | Evidence of financial support, admission letter, Form I-20, receipt of SEVIS fee payment, biographical page of passport, Form I-94, visa stamp, DS-2019, EAD card, paystubs, I-612 proof of waiver approval |
| Application processing time | 11-13 months |
| Restrictions | Cannot start studies until USCIS approval, no on-campus employment, no assistantships or funding |
| Transfer procedure | SEVIS transfer, F-1 visa holders must follow correct SEVIS transfer procedures |
| Transfer restrictions | M-1 students cannot transfer after 6 months unless unable to remain at school due to circumstances beyond their control |
| Transfer requirements | Enroll in school, pursue a full course of study, financially able to attend |
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What You'll Learn
Changing to F or M student status
If you are already in the United States on a nonimmigrant visa and wish to change to F or M student status, you must meet certain criteria and submit an application with USCIS (U.S. Citizenship and Immigration Services). The general eligibility criteria include being lawfully admitted to the United States on a nonimmigrant visa and not having committed any crimes or engaged in any actions that would make you ineligible for a change of status.
To initiate the process, you must first apply to and gain acceptance from a U.S. Student and Exchange Visitor Program (SEVP)-certified school. Once accepted, you will need to obtain Form I-20, the "Certificate of Eligibility for Nonimmigrant Student Status," from the designated school official (DSO) at your new school. The DSO should indicate a change of status in the Issue Reason section of Form I-20.
After receiving Form I-20, you must pay the I-901 SEVIS fee and file Form I-539, "Application to Extend/Change Nonimmigrant Status," with USCIS. It is important to carefully read the instructions for Form I-539, as not all nonimmigrant classifications are eligible for a change to student status. Until you receive approval from USCIS, do not assume that your requested status has been approved, and refrain from enrolling in classes or beginning your studies.
If you are currently in the United States on a B-1 or B-2 visa, you must not enrol in any courses or begin your studies before receiving approval for a change of status from USCIS. If your change of status is not approved 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 need to defer attendance and wait until the following term to begin your studies in F or M status.
Additionally, if you are applying for a change of status to M-1, you must maintain a valid nonimmigrant status while your Form I-539 application is pending. If your current nonimmigrant status will expire more than 30 days before your M-1 program start date, you may need to file an additional Form I-539 and pay a separate fee to request an extension of your current status or a change to another status.
If you are an international student already in the United States and wish to change to F or M student status, carefully review the eligibility criteria and follow the steps outlined above. Remember to work closely with your DSO and refer to official government sources for the most up-to-date and accurate information.
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F-1 visa expiry and transfer procedures
An F-1 visa is a nonimmigrant visa for those wishing to study in the United States. If your F-1 visa has expired, you may still be able to remain in the US, as long as you maintain your student status. However, if you wish to travel outside the US and your visa has expired, you will need to renew it before returning. It is important to note that if you have an expired visa and a terminated record, you should not travel outside the US until your record shows that you are in Active status again.
If you wish to transfer schools as an F-1 student, you must notify your current school of your intention to transfer and indicate the school to which you intend to transfer. You must also ensure that your Designated School Official (DSO) at the transfer-in school has all the information required to update your Student and Exchange Visitor Information System (SEVIS) record, including any change of address. The DSO at the transfer-in school will be able to create a Form I-20 for you, which you will need to register for classes.
The transfer process allows an F-1 student to transfer between SEVP-certified schools at the same educational level or to move between educational levels, such as progressing from high school to a bachelor's program. It is important to note that an F-1 student who did not pursue a full course of study at their last authorized school is ineligible for school transfer and must apply for reinstatement or depart the country and return as an initial entry in a new F-1 nonimmigrant status.
Additionally, if you are transferring to a new school, you must begin attending classes within five months of the last day you attended classes at your previous school, or at the start of the next available session, whichever comes sooner. If you are unable to begin classes within this time frame, you must depart the United States until you can start the new program.
If you are transferring your F-1 visa to a new school, you will need to pay the I-901 SEVIS fee and apply for a new F-1 visa, if required. You should also be aware that your authorization to engage in Optional Practical Training (OPT) will automatically terminate when you transfer to another school.
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Obtaining Form I-20
Step 1: Apply to a SEVP-Certified School
Firstly, you need to apply for admission to a Student and Exchange Visitor Program (SEVP)-certified school in the United States. This step involves submitting your application, supporting documents, and meeting the admission requirements of the school.
Step 2: Receive Acceptance from the SEVP-Certified School
Once you have been accepted into the SEVP-certified school, you will receive an official letter of acceptance. This acceptance is crucial, as it indicates that the school recognises you as a prospective student.
Step 3: Obtain Form I-20 from the Designated School Official (DSO)
After receiving acceptance, you will need to contact the Designated School Official (DSO) at your school. The DSO is responsible for issuing Form I-20 to international students. You must provide the DSO with any necessary information or documentation to facilitate the issuance of Form I-20.
Step 4: Complete Form I-20 with DSO
Work closely with the DSO to complete Form I-20 accurately. Both you and the DSO must sign the form. If you are under 18, your parents or legal guardians will need to sign it on your behalf. Ensure that all information, including your name, address, date of birth, and program of study, are correct.
Step 5: Receive Your Form I-20
Upon completion of the form, the DSO will provide you with your Form I-20. This document serves as proof of your eligibility for nonimmigrant student status in the United States. Keep it safe, as you will need it for various processes, including visa applications and entry into the country.
It is important to note that Form I-20 is not only required for initial entry into the United States as a student but also for any subsequent visa applications or changes in your student status. Therefore, it is crucial to maintain the accuracy and validity of your Form I-20 throughout your student life cycle.
Additionally, if you have any eligible dependents, such as a spouse or children, who will accompany you to the United States, each of them will also need to obtain their own Form I-20 from the SEVP-certified school.
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Consular processing
To initiate consular processing, applicants must first determine their eligibility for a green card. Most immigrants become eligible through a petition filed by a family member or employer. Once the petition is approved, the applicant must wait for an immigrant visa number to become available. The National Visa Center (NVC) collects visa application fees and supporting documentation and notifies the applicant when these are received and when an immigrant visa number is about to become available. The NVC will also notify the applicant when they must submit immigrant visa processing fees and supporting documentation.
Once a visa is available, the consular office will schedule the applicant for an interview and process their case. If the applicant is granted an immigrant visa, the consular officer will provide a "Visa Packet," which the applicant must not open. Upon arrival in the United States, the applicant must present the Visa Packet to a Customs and Border Protection (CBP) officer at the port of entry. The CBP officer will inspect the applicant and determine whether to admit them into the United States as a lawful permanent resident.
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Changing status from employment-based visas
International students in the United States on a nonimmigrant visa can change their status to become students. However, not all nonimmigrant classifications are allowed to change to student status. For instance, if you are in the US on a B-1 or B-2 visa, you are prohibited from taking a course of study. On the other hand, individuals with E status can enrol in school as long as it does not interfere with their E status.
If you are eligible for a change of status, you must submit an application with U.S. Citizenship and Immigration Services (USCIS) before your authorised stay expires. To do this, you must:
- Apply to and gain acceptance from a U.S. Student and Exchange Visitor Program (SEVP)-certified school.
- 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 the change of status in the Issue Reason section of the form.
- Pay the I-901 SEVIS fee.
- File a Form I-539, Application to Extend/Change Nonimmigrant Status, with USCIS.
If you are from a country where no visa is required, such as Canada, you may proceed directly to a U.S. port of entry or a U.S. pre-clearance/pre-flight inspection station and apply for admission to the United States as an F-1 or M-1 student. Once admitted by an immigration officer, you may begin your studies.
If you are an F-1 student interested in changing to H-1B status, your prospective employer must sponsor you and file that petition. If you are an M-1 student, you may not change to F status while in the US. If you would like to attend school as an F-1 student, you will need to leave the US, apply to an SEVP-certified school, and receive a new Form I-20.
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Frequently asked questions
Yes, an international student can convert their status. The process and requirements differ depending on the student's current and intended status.
To change to F-1 or M-1 student status, the following steps must be taken:
- Apply to and gain acceptance from a SEVP-certified school.
- Receive a new initial Form I-20, "Certificate of Eligibility for Nonimmigrant Student Status," from the designated school official (DSO).
- Pay the I-901 SEVIS fee.
- If you are outside the US, apply for an F-1 or M-1 visa at a US consulate or embassy. If you are from a country that does not require a visa, you can proceed directly to a US port of entry and apply for admission as an F-1 or M-1 student.
- If you are already in the US, apply to USCIS for a change of nonimmigrant status.
To change from F-1 or M-1 status to another nonimmigrant status, you must submit an application to USCIS. This typically involves:
- Filing Form I-539, "Application to Extend/Change Nonimmigrant Status".
- Paying the application fee ($420 online, $470 for paper filing).
- Providing evidence of financial support.
- Submitting an admission letter from the university.
- Providing a scan of the three pages of Form I-20.
- Including a receipt for the SEVIS fee payment.
- Providing documents that show your current lawful nonimmigrant status, such as Form I-94, visa stamp, or passport biographical page.
Yes, there are certain restrictions to be aware of:
- Not all nonimmigrant classifications are eligible for a change to student status.
- Those with J status and subject to the two-year home country physical requirement cannot change status in the US without a waiver.
- Non-immigrants in A, G, or NATO status must complete Form I-566 and have it endorsed by the foreign mission and the Department of State.
- An M-1 student is generally not allowed to transfer to another school after 6 months from the date of admission or change of status.
- An F-1 student who did not pursue a full course of study at their previous school must apply for reinstatement or depart the country and re-enter as an initial entry in a new F-1 nonimmigrant status.
F-1 status is for academic students, while M-1 status is for vocational students.
