How Do I Change to a New Nonimmigrant Status?
A nonimmigrant temporarily enters the United States for a specific purpose such as business, study, temporary employment or pleasure. When you are admitted into the United States, a U.S. official will assign you a nonimmigrant category according to the purpose of your visit. If you want to change the purpose of your visit while you are in the United States, then you or (in some cases) your employer must ask the U.S. Citizenship and Immigration Services to change your nonimmigrant status. For instance, if you arrived here as a tourist, but want to become a student, you must submit an application to change your status with the USCIS. If you do not apply to change your nonimmigrant status, you will be breaking U.S. immigration laws. Proof that you are willing to obey U.S. laws may be important if you want to travel to the United States as an immigrant or nonimmigrant in the future. You may also become subject to removal (deportation) if you break U.S. immigration laws.
Who is Eligible?
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.
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.
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Source: U.S. Citizenship and Immigration Services
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