How Do I Change to a New Nonimmigrant Status?

How Do I Apply?

For the following categories of nonimmigrants, your employer should carefully read and file a USCIS Form I-129 (Petition for Nonimmigrant Worker) and any required supporting documentation:

E - International Traders 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 other government officials, and their families and employees.
B - Temporary visitors for business or pleasure.
F - Academic Students and their families
G - Representatives to international organizations and their families and employees.
I - Representatives of foreign media and their families
J - Exchange Visitors and their families
M - Vocational Students and their families
N - Parents and children of the people who have been granted special immigrant status because their parents were employed by an international organization in the United States.

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 Do 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?

You should 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 your 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.

What If I am Late Filing for a Change of Nonimmigrant Status?

If you are late filing for a change of nonimmigrant status and your current status has already expired, you must prove that:

• The delay was due to extraordinary circumstances beyond your control;
• The length of the delay was reasonable;
• You have not done anything else to violate your nonimmigrant status (such as work without USCIS approval);
• You are still a nonimmigrant (This means that you are not trying to become a permanent resident of the United States. There are some exceptions.); and
• You are not in formal proceedings to remove (deport) you from the country.

Source: U.S. Citizenship and Immigration Services