If you want to change the purpose of your visit while in the United States, you (or in some cases your employer) must file a request with USCIS on the appropriate form before your authorized stay expires. 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.
You were lawfully admitted to the United States with a nonimmigrant visa
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
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Regulatory Criteria
General Change of Status Requirements
In general, you may apply to change your nonimmigrant status if you meet the following requirements:
Examples
You were lawfully admitted to the United States with a nonimmigrant visa
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
You must file before your authorized stay expires
Important Warning: Do Not Change Activity Before Approval
Until you receive approval from USCIS, do not assume the status has been approved, and do not change your activity in the United States.
Examples
If you are a tourist, do not begin attending school until you receive authorization
If you fail to maintain your nonimmigrant status, you may be barred from returning
Violation may result in removal (deportation) from the United States
Your authorized status and dates are shown on your I-94 Arrival/Departure Record
When You Do NOT Need to Apply for Change of Status
Certain situations do not require a formal change of status application.
Examples
B-1 business visitor wishing to remain for pleasure before authorized stay expires
Spouse or child of A visa (diplomatic) wishing to attend school
Spouse or child of E visa (trade/investor) wishing to attend school
Spouse or child of G visa (international organization) wishing to attend school
Spouse or child of H, I, J, or L visa wishing to attend school
Spouse or child of F or M student attending elementary, middle, or high school only
Categories That May NOT Apply for Change of Status
You may not apply to change your nonimmigrant status if you were admitted in certain categories (unless applying for T or U nonimmigrant status).
Examples
Visa Waiver Program (VWP/ESTA)
Crew member (D nonimmigrant visa)
In transit through the United States (C nonimmigrant visa)
Fiancé(e) of U.S. citizen or dependent of fiancé(e) (K nonimmigrant visa)
Informant on terrorism or organized crime (S nonimmigrant visa)
Restrictions for M-1 Vocational Students
If you are a vocational student (M-1), you may not apply to change your status to certain categories.
Examples
Cannot change to academic student (F-1)
Cannot change to any H status (temporary worker) if your M-1 training provided qualifications for the H position
Restrictions for J-1 Exchange Visitors
If you are an international exchange visitor (J-1), certain restrictions may apply to changing your status.
Examples
Cannot change status if admitted for graduate medical training (unless waiver received)
Cannot change status if subject to foreign residence requirement (unless waiver received)
Without waiver, may only change to A visa (diplomatic) or G visa (international organization)
Exception: May apply for T or U nonimmigrant status
Extension of Stay (EOS)
A request for extension of stay is generally filed on Form I-129 or Form I-539, depending on the nonimmigrant classification.
Examples
Form I-129, Petition for a Nonimmigrant Worker (for work-based extensions)
Form I-539, Application to Extend/Change Nonimmigrant Status
Form I-539A, Supplemental Information (if applicable)
Must be lawfully admitted with valid nonimmigrant visa
Must not have violated conditions of admission
Passport must remain valid for duration of requested stay
Categories That May NOT Extend Stay
You may not apply to extend your stay if admitted in certain categories.
Examples
Visa Waiver Program
Crew member (D nonimmigrant visa)
In transit through the United States (C nonimmigrant visa)
Transit without visa (TWOV)
Fiancé(e) of U.S. citizen (K nonimmigrant visa)
Informant on terrorism or organized crime (S nonimmigrant visa)
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Application Process
Determine Eligibility
Confirm your current status allows for change of status.
Identify New Status
Determine which nonimmigrant category you need.
File Before Expiration
Submit application before your current authorized stay expires.
File Appropriate Form
Submit Form I-539 (or I-129 for work-based changes).
Pay Filing Fee
Include required fees with your application.
Await Decision
Do not change your activity until you receive approval.
Receive Approval
Begin new authorized activity only after USCIS approves your request.
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Key Benefits
Change your purpose of visit without leaving the United States
Transition between nonimmigrant categories
Maintain lawful presence while status change is processed
Flexibility to adapt to changing circumstances
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Documents Needed
Form I-539, Application to Extend/Change Nonimmigrant Status
Form I-539A, Supplemental Information (if applicable)
Form I-129, Petition for a Nonimmigrant Worker (for work-based changes)
Copy of current passport (valid for duration of requested stay)
Copy of I-94 Arrival/Departure Record
Copy of current visa stamp
Evidence supporting eligibility for new status
Filing fee payment
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Frequently Asked Questions
Can I begin my new activity while my change of status is pending?
No. Until you receive approval from USCIS, do not assume the status has been approved, and do not change your activity in the United States. For example, if you are a tourist, do not begin attending school as a student until you have received authorization from USCIS.
What happens if I violate my nonimmigrant status?
If you fail to maintain your nonimmigrant status, you may be barred from returning to and/or removed (deported) from the United States.
Can I change status if I entered on the Visa Waiver Program?
Generally no. If you were admitted under the Visa Waiver Program, you may not apply to change your nonimmigrant status, unless you are applying for T nonimmigrant status or petitioning for U nonimmigrant status.
When should I apply for change of status?
You must file your request before your authorized stay expires. We recommend that you apply as soon as you determine that you need to change to a different nonimmigrant category.
Do I need to apply if I want to switch from business to tourism?
No. You do not need to apply to change your nonimmigrant status if you were admitted for business reasons (B-1) and wish to remain in the United States for pleasure before your authorized stay expires.
Can my spouse/child attend school without changing status?
In many cases, yes. If your spouse or child is lawfully admitted as a dependent of an A, E, G, H, I, J, L, F, or M visa holder, they may attend school without applying for change of status (with some limitations for post-secondary education).
Which form do I use to change status?
Most change of status requests use Form I-539, Application to Extend/Change Nonimmigrant Status. For work-based status changes, your employer may need to file Form I-129, Petition for a Nonimmigrant Worker. For T or U status, use Form I-914 or I-918 respectively.
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Fees
Attorney Fee for I-539
$1,800
Form I-539 Filing Fee
$470
Form I-907 (Premium Processing) Filing Fee (if Applicable)
$1,965
Fees are estimates and may change. Contact us for a quote for your specific case.
Need help with your immigration case?
Hasan Legal PC attorneys handle USCIS petitions, family immigration, employment-based green cards, and naturalization across Washington DC, Virginia and Maryland.