If your reason for being in the U.S. needs to change, you (or your employer) must file the correct application with USCIS before your current authorized stay ends. For instance, if you entered as a tourist and want to become a student, you must apply to change your status. Apply as soon as you know you need to change.

Don’t Act Until Approved

Do not assume your change of status is approved until you receive official confirmation from USCIS. Continue your current activities. For example, if you are a tourist, don’t start school until you have approval. Failing to maintain your status can lead to being barred from the U.S. or deportation. Your Form I-94 (bottom right) shows your current status and its expiration.

Eligibility Criteria

Generally, you can apply to change status if:

• You were legally admitted with a nonimmigrant visa.
• Your current nonimmigrant status is still valid.
• You have not violated the terms of your status.
• You have not committed any acts making you ineligible.

Important Exception

If you entered on a B-1 business visa and want to switch to pleasure before your stay ends, you don’t need to apply for a change of status.

You do not typically need to apply to change your nonimmigrant status to attend school in the U.S. if you are the spouse or child of someone holding one of these valid nonimmigrant visas:

• A visa (Diplomatic and other government officials and employees)
• E visa (International trade and investors)
• G visa (Representatives to international organizations and their employees)
• H visa (Temporary workers)
• I visa (Representatives of foreign media)
• J visa (Exchange visitors)
• L visa (Intracompany transferees)

Specific Rule for F and M Visa Holders

Spouses and children of F (Academic) or M (Vocational) students can attend elementary, middle, or high school without changing their status. However, if you want to enroll in a post-secondary school as a full-time student, you will need to apply for a change of status.

You generally cannot change your nonimmigrant status if your initial entry to the U.S. was in one of the following categories (unless applying for T or U status):

• Visa Waiver Program
• D nonimmigrant visa (Crew member)
• C nonimmigrant visa (In transit)
• K nonimmigrant visa (Fiancé of a U.S. citizen or dependent of a fiancé)
• S nonimmigrant visa (Informant on terrorism or organized crime)

Specific Rules for M-1 Vocational Students

• You cannot change status from M-1 to F-1 (Academic student).
• You cannot change status to any H visa (Temporary worker) if your vocational training provided the qualifications for the H job.

Specific Rules for J-1 International Exchange Visitors

• You generally cannot change status (unless applying for T or U status).
• If you received graduate medical training, a special waiver is required.
• If you are subject to the foreign residence requirement, a waiver is generally needed.
• Without a foreign residence waiver, the only permitted changes are to A or G status.

If you find yourself needing further clarification or personalized guidance on any of the U.S. immigration topics, we strongly encourage you to reach out to our experienced immigration professionals. Our team is ready to provide tailored advice and support to help you navigate the complexities of laws and ensure you have accurate and up-to-date information specific to your situation.