Savanna Hoffman
International students in the United States on a nonimmigrant visa can apply to change their status, but they must meet certain criteria. The eligibility criteria for changing status vary depending on the student's current nonimmigrant classification and the desired status. For instance, an M-1 student cannot change to H status (temporary worker) if their vocational qualifications provide the basis for the temporary worker position. Additionally, students on an F or M visa cannot enter the US earlier than 30 days before their program start date. To change status, students must submit an application to the U.S. Citizenship and Immigration Services (USCIS) and receive approval before their authorized stay expires.
| Characteristics | Values |
|---|---|
| Can you change your status from international student? | Yes, if you are a nonimmigrant, you can change your status to an F-1 or M-1 student. |
| What is the process? | There are two ways to do this: 1. Travel outside of the US, visit a consulate, and re-enter with your new visa. 2. Request a change of status from within the US by submitting an application to USCIS. |
| What are the requirements? | You must have been lawfully admitted to the US, your nonimmigrant status must remain valid, you must not have violated the conditions of your status, and you must not have committed any crimes that would make you ineligible. |
| What are the next steps after approval? | After approval, you must apply to and gain acceptance from an SEVP-certified school. You will then receive Form I-20 from your designated school official (DSO) and pay the I-901 SEVIS fee. |
| What is the difference between F-1 and M-1 status? | F-1 students enroll in traditional academic programs, while M-1 students enroll in vocational programs. |
| What are the rules for maintaining F or M status? | Students must attend all classes and maintain academic progress. They must also maintain a full course load each term, unless they are eligible for a reduced course load. |
| What happens after completing the program? | F students have 60 days after completing their program to leave the US, while M students have 30 days. |
| Can I change from F-1 to M-1 status or vice versa? | No, students cannot change from F-1 to M-1 status or vice versa while in the US. |
| Can I change to a different non-student status? | Yes, international students can change to various non-student statuses, such as H-1B (temporary worker), O-1 (extraordinary ability), or P-1 (athlete). |
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What You'll Learn
Changing to F-1 or M-1 status
If you are in the United States on a nonimmigrant visa and want to change your status to F-1 or M-1, you must meet certain criteria and submit an application with USCIS. Not all nonimmigrant classifications are eligible for a change to student status.
Firstly, you must apply to and gain acceptance from a U.S. Student and Exchange Visitor Program (SEVP)-certified school. Once accepted, you will receive an initial Form I-20, "Certificate of Eligibility for Nonimmigrant Student Status", from the SEVP-certified school. You will also need to pay the I-901 SEVIS fee.
Next, you must file a Form I-539, "Application to Extend/Change Nonimmigrant Status", with USCIS. The application fee is $420 for online filing or $470 for paper filing. Along with the application, you must submit evidence of financial support (e.g. bank statements, assistantship letter), an admission letter from the university, a scan of the three pages of your Form I-20, and a receipt indicating payment of the SEVIS fee.
If you are changing from an employment-based visa, such as J-1 or H-1B, you should include three recent pay stubs or other evidence of employment. If you are in J status and subject to the 212(e) Two-Year Foreign Residency Requirement, include the I-612 proof of waiver approval. If you are in A, G, or NATO status, you must first complete Form I-566, endorsed by the foreign mission to the U.S. and the Department of State.
If your current nonimmigrant status expires more than 30 days before your F-1 or M-1 program start date, and you wish to remain in the United States until your start date, you must find a way to obtain status up to 30 days before your program start date (a process known as "bridging the gap"). This may involve filing an additional Form I-539 and paying a separate fee to request an extension of your current nonimmigrant status.
It is important to note that you should not enrol in classes or begin your studies until USCIS has approved your change of status. If your change of status has not been approved by the deadline for adding/dropping classes, your I-20 start date will be deferred until the start of the next semester.
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Applying for an F-1 visa
The F-1 visa is a non-immigrant visa that allows students to temporarily live and study in the United States. It is intended for those who want to study at an academic institution, rather than a vocational school, which would require an M-1 visa. To apply for an F-1 visa, there are several steps you need to take.
Firstly, you must be accepted by a Student and Exchange Visitor Program (SEVP)-certified school. Once accepted, you will be added to the Student and Exchange Visitor Information System (SEVIS) database. The school will then send you a Form I-20, the "Certificate of Eligibility for Nonimmigrant (F-1) Student Status-For Academic and Language Students". This form is crucial, as it confirms your eligibility for the F-1 visa and allows you to start the application process. It is important to review your I-20 form to ensure all the information is correct and complete, and you must also pay the SEVIS fee.
The next step is to begin the visa application process. This involves completing the Nonimmigrant Visa Application, Form DS-160, which can be done online. You will need to provide a photo that meets the U.S. State Department's requirements during this step. Additionally, you will need to pay the application fee, which is typically $185, but there may be an additional issuance fee depending on your nationality.
After submitting your application, you will need to schedule an interview at a U.S. embassy or consulate. Wait times for interviews can vary depending on the time of year and location, so it is recommended to plan ahead. During the interview, you will need to provide several documents, including your passport, which must be valid for at least six months beyond your intended stay in the U.S., the DS-160 confirmation page, the application fee payment receipt, and your Form I-20. You may also be asked for transcripts, diplomas, test scores, and proof of funds to support your studies.
It is important to note that F-1 visas for new students can only be issued up to 365 days in advance of the start date of your course. The processing time for F-1 visas can vary, so it is recommended to apply well in advance of your intended travel date. Additionally, if your family members intend to accompany you to the U.S., they may apply for F-2 visas, but each dependent must have their own Form I-20.
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Maintaining your nonimmigrant status
To maintain your nonimmigrant status, it is important to understand the concepts of "lawful status", "period of authorized stay", and "unlawful presence". Lawful nonimmigrant status allows temporary stay and possible employment authorization for a nonimmigrant in the United States. Lawful status is determined by an individual's I-94, which is issued by the U.S. Citizenship and Immigration Service (USCIS) or the U.S. Customs and Border Protection (CBP). An I-94 determines how long an individual can stay in the United States, their visa classification, and when they should request a change or extension of status, or depart.
To maintain lawful status, an individual must have an unexpired I-94 and comply with the terms and conditions of their visa classification. For example, an H-1B visa holder must maintain their status by working for their assigned H-1B employer. Failure to comply with the visa classification will result in a loss of status.
The period of authorized stay is a period granted to a nonimmigrant to remain in the United States, even if they do not hold lawful status. This is typically granted when a request to change or extend status is filed while the individual holds a valid nonimmigrant status. This period begins when an individual's I-94 expires, but they have a pending application or petition for a change of status. During this period, the individual does not accrue unlawful presence, despite technically being out of status.
Unlawful presence occurs when an individual remains in the United States beyond the expiration date of their I-94 without a pending application or petition to change or extend their status. This results in the accrual of unlawful presence until the individual departs the country.
It is important to note that not all nonimmigrant classifications are eligible to change to student status. If you are in the United States on a valid nonimmigrant visa for a purpose other than studying and wish to change your status to a student visa, you must meet certain criteria and submit an application with USCIS. This includes demonstrating that you were lawfully admitted to the United States, 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.
If you are an international student wishing to change your nonimmigrant status, you must follow specific steps, including applying to and receiving acceptance from a Student and Exchange Visitor Program (SEVP)-certified school. You will need to obtain a Form I-20, "Certificate of Eligibility for Nonimmigrant Student Status", from the designated school official (DSO) and pay the required fees. You must then file a Form I-539, "Application to Extend/Change Nonimmigrant Status", with USCIS.
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Changing to a nonimmigrant F or M student status
Foreign nationals living in the United States can change from one visa status to another in one of two ways. They can either travel outside of the United States, visit a consular post, and re-enter the U.S. with their new visa, or they can request a change of status from within the U.S. by submitting an application to U.S. Citizenship and Immigration Services (USCIS).
If you are already in the United States on a valid nonimmigrant visa for a purpose other than studying and want to study at a U.S. Student and Exchange Visitor Program (SEVP)-certified school, you may apply to change your nonimmigrant status while remaining in the United States. To do so, you must meet certain criteria and submit an application with USCIS to change your status. 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.
- You have not committed any crimes that would make you ineligible.
If you are changing from B-1/B-2 to F or M student status, you must refrain from enrolling in or beginning your studies until USCIS has approved your change of status. If your nonimmigrant status is unexpired at the time of filing the application to change status to F-1 nonimmigrant, and you otherwise remain eligible for a change of status, you are not required to obtain status all the way up to the date that is 30 days before your program start date (“bridge the gap”).
To change your status to F or M student status, you must take the following steps:
- Apply to and receive 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 change of status in the Issue Reason section of the Form I-20.
- Pay the I-901 SEVIS Fee.
- File a Form I-539, "Application to Extend/Change Nonimmigrant Status," with USCIS.
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Changing status from outside the US
Changing your status from outside the US involves visiting a consular post and re-entering the US with your new visa. This is the fastest option for most foreign nationals. Here are the steps to follow:
Consular Processing:
- Apply to and receive acceptance from a Student and Exchange Visitor Program (SEVP)-certified school.
- Receive a new initial Form I-20, "Certificate of Eligibility for Nonimmigrant Student Status," from your designated school official (DSO). The DSO should indicate "change of status" in the Issue Reason section of Form I-20.
- Pay the I-901 SEVIS fee.
- Apply for an F-1 or M-1 visa at a US consulate or embassy to travel to the US as a student. If your country does not require a visa, proceed directly to a US port of entry or pre-clearance/pre-flight inspection station and apply for admission as an F-1 or M-1 student.
- Once admitted by an immigration officer as an F-1 or M-1 student, you may begin your studies.
Changing from F-1 Student Visa to Green Card:
It is possible to adjust your status from an F-1 student visa to a green card holder, but it can be challenging. Here are some options:
- Self-petition for an EB-1 visa if you have extraordinary achievements in fields like science, education, arts, business, or athletics.
- Receive employer sponsorship for an EB-2 or EB-3 visa.
- Adjust your status to a dual-intent visa, such as the H-1B visa.
- Become an investor or marry a US citizen or green card holder.
Additional Considerations:
- Processing times may vary, and you may need to request a deferral of your program start date if your change of status application is not approved in time.
- Maintain valid nonimmigrant status throughout the process, and do not assume approval until you receive official notification.
- Consult with an advisor or immigration attorney for personalized guidance, especially before making travel plans outside the US.
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Frequently asked questions
To change your status to a non-immigrant student, you must submit an application with USCIS. You must apply to and gain acceptance from a SEVP-certified school, obtain an initial Form I-20, pay the I-901 SEVIS fee, and file a Form I-539.
The fastest way to obtain F-1 status is to apply for an F-1 visa at a U.S. consulate or embassy, and then re-enter the U.S. using the I-20 and F-1 visa.
Yes, you can change your status to an M-1 student. However, you must refrain from enrolling in or beginning your studies until USCIS has approved your change of status.
