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If you are presently in the United States with a nonimmigrant visa like H-1B, H-4, F-2, B-1/B-2, or another type, you might be able to switch to F-1 student status. This guide offers a detailed step-by-step overview of the Change of Status (COS) process.
Consult an Immigration Attorney
Before beginning the process, it is highly recommended to consult with an immigration attorney to ensure compliance with visa regulations and to avoid potential complications.
1. Determine Your Eligibility
Before applying for a change to F-1 status, confirm that you meet the key requirements:
Admission to a school certified by the Student and Exchange Visitor Program (SEVP).
Proof of financial resources sufficient to cover tuition and living expenses.
Maintenance of legal status under your current visa.
No prior violations of visa conditions, such as unauthorized employment.
Note: If you hold a B1/B2 visitor visa, additional restrictions apply. You cannot begin your studies until your F-1 status has been officially approved.
2. Gain Admission to an SEVP-Certified Institution
To apply for F-1 status, you must first secure acceptance from a SEVP-certified school. This step includes:
Applying to and receiving an admission offer from a U.S. educational institution.
Receiving Form I-20 (Certificate of Eligibility for Nonimmigrant Student Status) from the institution upon acceptance.
3. Pay the SEVIS I-901 Fee
After obtaining your Form I-20, you must pay the SEVIS I-901 fee to activate your Student and Exchange Visitor Information System (SEVIS) record. Follow these steps:
Visit FMJfee.com.
Enter your personal information and SEVIS ID (found on your I-20).
Complete the payment and save the receipt for future reference.
4. Submit Form I-539 to USCIS
To request a change of status, file Form I-539 (Application to Extend/Change Nonimmigrant Status) with U.S. Citizenship and Immigration Services (USCIS). Follow these steps:
Complete Form I-539: The form can be found on the USCIS website.
Gather Supporting Documents:
Form I-20 issued by your school.
Proof of financial support (bank statements, sponsor letters, etc.).
SEVIS I-901 fee receipt.
Copy of your current visa, I-94 record, and passport ID page.
Evidence of maintaining legal status (pay stubs, school records, etc.).
Pay the Application Fee: USCIS requires a filing fee for Form I-539, payable online.
Submit the Application: Applications can be filed online or sent via mail to the appropriate USCIS address listed on their website.
Note: If filing online, you must create a USCIS account. Some applicants may also qualify for premium processing to expedite their application.
5. Attend a Biometrics Appointment
Once USCIS receives your application, they will schedule a biometrics appointment. This involves fingerprinting and photographing at a designated Application Support Center (ASC). To prepare:
Bring your appointment notice and a government-issued photo ID (e.g., passport).
Attend the appointment at the designated time and location.
6. Await USCIS Decision
Processing times for Form I-539 can vary, often taking several months. During this period:
Monitor your case status online at USCIS Case Status.
Respond promptly to any Requests for Evidence (RFEs) if issued by USCIS.
7. Approval and Beginning Studies
If USCIS approves your change of status request, you will receive an approval notice (Form I-797) and an updated I-94 reflecting your F-1 status. After approval:
Notify your school’s Designated School Official (DSO).
Begin your academic program in accordance with your I-20 start date.
Important: If you are on a B1/B2 visa, you must wait for F-1 approval before beginning your studies. However, individuals on H-1B or H-4 visas may start their coursework while their COS application is pending.
Considerations for Different Visa Categories
H-1B to F-1: You can continue working under H-1B status until your F-1 approval.
H-4 to F-1: You may begin studies before F-1 approval, but timing is critical if you plan to apply for Optional Practical Training (OPT).
F-2 to F-1: F-2 visa holders cannot enroll in full-time degree programs, making COS essential.
B1/B2 to F-1: The transition from a visitor visa to F-1 requires strong proof of non-immigrant intent. You cannot begin your studies until approval is granted.
Common Mistakes to Avoid
Failing to Maintain Legal Status: Ensure continuous legal status throughout the process.
Insufficient Financial Documentation: Provide clear and verifiable proof of financial resources.
Missing Biometrics Appointments: If you cannot attend, reschedule promptly.
Late Filing: Submit Form I-539 before your current status expires to avoid complications.
Frequently Asked Questions (FAQs)
Q: How long does it take for a COS application to be processed? A: Processing times range from 3 to 6 months or longer, depending on USCIS workload.
Q: Can I travel internationally while my application is pending? A: No, traveling outside the U.S. before approval will likely result in automatic denial.
Q: Is expedited processing available? A: Yes, premium processing can be requested by submitting Form I-907 along with your application.
Q: What if my application is denied? A: If denied, you may need to leave the U.S. and apply for an F-1 visa at a U.S. consulate abroad.
Change of Status Conclusion
Changing to F-1 student status requires careful planning and adherence to USCIS guidelines.
By gaining admission to a SEVP-certified school, submitting Form I-539 with the necessary documentation, and adhering to immigration regulations, you can effectively change to student status. If you have any concerns, consult an immigration attorney or your school's DSO for help.
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