Changing Nonimmigrant Status or Change in Status to a New Nonimmigrant Status

What is Change of Nonimmigrant Status

There are times when you may need or want to change your status due to circumstances. USCIS allows you to do this in certain cases. If you need to change your status and do not, you will be violating U.S. immigration law and may be subject to deportation.

You Must qualify to Change Your Nonimmigrant Status. To see if you qualify, click here. You may not change your status if you were admitted on the following visas categories:

* Visa Waiver Pilot Program
* C - Alien in Transit or without a visa
* D - A crewman
* K - Fiancé of U.S. citizen
* S - An informant

If you were admitted on a J visa for graduate medical training you cannot apply for a change of status unless you receive a special waiver.

If you are on an M visa, you may not change to an F or H.

If you are the spouse or child of someone in the following visa categories, you do not have to apply to change of status to attend school in the USA:

* A - Diplomatic
* E - International Trade or Investors
* F - Academic Students and their families
* G - Representatives of International Organizations
* H - Temporary Workers
* I - Representatives of foreign media and their families
* J - Exchange Visitors
* L - Intracompany Transfers
* M - Vocational Students and their families

Have your employer file Form I-129 (Change of Status) at the USCIS Regional Service Center with jurisdiction over your case if you are trying to change to one of the following categories: (If your employer files the petition, make sure your spouse and children file Form I-539):

* E - International Trade and Investors
* H - Temporary Workers
* L - Intracompany Transferees
* O - Aliens of Extraordinary Ability
* P - Entertainers and Athletes
* Q - Participants in International Exchange Programs
* R - Religious Workers
* TN - Canadians and Mexicans Under NAFTA

If you are in the following nonimmigrant categories, you should carefully read and complete USCIS Form I-539 (Application to Extend/Change Nonimmigrant Status) and submit any required supporting documents:

* A - Diplomatic and government officials
* B - Temporary visitors and business or pleasure
* F - Academic students and their families
* G - Representatives to international organizations and their families
* I - Representatives of Foreign Media
* J - Exchange Visitors and their families
* M - Vocational Students and their families
* N - Parents and children of people granted special immigrant status because of working for an international organization

The application and correct fee should be mailed to the USCIS Service Center that serves the area where you are temporarily staying. If your nonimmigrant category is work-related, then the application and correct fee should be mailed to the USCIS Service Center that serves the area where you will work.

How Does My Spouse and Child Apply to Change Their Nonimmigrant Status?

If your employer files USCIS Form I-129 (Petition for Alien Worker) for you, then your spouse and child must carefully read and complete USCIS Form I-539 (Application to Extend/Change Nonimmigrant Status) and submit any required supporting documents to change to a new nonimmigrant category. It is best to submit both forms at the same time.

You may include your spouse and any unmarried children under the age of 21 in your USCIS Form I-539 application if you are all in the same nonimmigrant category, or if your spouse or children were given derivative nonimmigrant status. Derivative nonimmigrant status means that your spouse and children were given nonimmigrant visas based on your nonimmigrant status. For instance, if a student is given an F-1 "Academic Student" visa, then the spouse and child are given F-2 "Spouse and Child of an Academic Student" visas.

When Should I Apply?

We recommend that you apply as soon as you determine that you need to change to a different nonimmigrant category. Please note, you must apply to change your nonimmigrant category before you current nonimmigrant status expires. Also, do not start new employment without first being approved for your change of status. The date your status expires can be found in the lower right-hand corner of your Form I-94 (Arrival-Departure Record). You should have received a Form I-94 when you legally entered the United States.

The USCIS is more likely to change your status if you are in status with your current visa. If you are late filing, then you must prove that:

*The delay was due to extraordinary circumstances beyond your control;
*The delay was of reasonable length;
*You have not done anything to violate your nonimmigrant status;
*You are still a nonimmigrant; and,
*You are not in deportation proceedings.

Who May Apply to Change Nonimmigrant Status?

In general, you may apply to change your nonimmigrant status if you were lawfully admitted into the United States with a nonimmigrant visa, your nonimmigrant status remains valid, and you have not committed any crimes that would make you ineligible.

You may not apply to change your nonimmigrant status if you were admitted to the United States in the following visa categories:

(VWPP) - Visa Waiver Pilot Program (or the Guam Visa Waiver Program)
D - As a crewman
C - As an alien in transit or in transit without a visa
K - As a fiancé(e) or spouse of a U.S. citizen or dependent of a fiancé(e) or spouse
S - As an informant (and accompanying family) on terrorism or organized crime

If you are an international exchange visitor (J visa category) you may not change your nonimmigrant status if you were admitted to the United States to receive graduate medical training, unless you receive a special waiver. In addition, some exchange visitors must meet a foreign residence requirement before they are allowed to change status. This means that some international exchange visitors must leave the United States and go back to their home country for a minimum of two years before applying to come to the United States as a temporary worker or an immigrant. If you are an exchange visitor and are required to meet the foreign residence requirement, you must receive a waiver if you wish to change your nonimmigrant status without returning home. If you do not receive a waiver, then you may only apply to change to the A (Diplomatic and other government officials, and their families and employees) or G (Representatives to international organizations and their families and employees) nonimmigrant categories. For more information on international exchange visitors, please see How Do I Waive the Foreign Residence Requirement if I am an Exchangitor?

If you are a vocational student (M visa category), you may not apply to become an academic student (F visa category). You also may not apply to change from the vocational student visa category to a temporary worker visa category (H) if it was the training you received as a vocational student in the United States that made you qualified for the temporary worker position.

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.

If you are in the United States as the spouse or child of someone in the following nonimmigrant visa categories, you do not need to apply to change your status if you wish to attend school in the United States (as long as your parent or spouse maintains their original nonimmigrant status).

A - Diplomatic and other government officials, and their families and employees.
E - International Trade and Investors
G - Representatives to international organizations and their families and employees.
H - Temporary Workers
I - Representatives of foreign media and their families
J - Exchange Visitors and their families
L - Intracompany Transferees

If you are in the United States as the spouse or child of someone in the F (Academic Student) or M (Vocational Student) visa category, you do not need to apply to change your status if you wish to attend elementary, middle, or high school in the United States. If you wish to attend post-secondary school full-time, you must apply for change of status.