Changing to a New Nonimmigrant Status

• Eligibility for a Change of Status
• Application Process
• Change of Status for Spouses and Children
• Change of Status for J-1 Exchange Visitors
• Change of Status for Vocational Students (M visa)
• Timing of Application
• Late Filing for a Change of Nonimmigrant Status
• Checking the Status of Your Application
• Change of Status Not Required in Some Cases

When a Change of Status is Necessary

You may want to change to a different nonimmigrant status if your goals or intentions change after you enter the United States.  For example, you may enter the United States as a B-1 Business Visitor and are offered a position at the U.S. affiliate of your company as an L-1A Manager or Executive.  Or you could be an F-1 student, and receive a job offer with a U.S. company after graduation as an H-1B temporary worker.  For these situations, you may be eligible to remain in the United States and apply to change your nonimmigrant status.

Eligibility for a Change of Status

Generally, you are eligible 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 - Crewman
• C - Alien in transit or in transit without a visa
• K - Fiancé(e) or spouse of a U.S. citizen or dependent of a fiancé(e) or spouse
• S - Informant (and accompanying family) on terrorism or organized crime

Application Process

The application process for changing your status depends on the nonimmigrant category for which you are applying.  For the following categories of nonimmigrants, your employer must file a 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 seeking any of the following nonimmigrant categories, you would file a 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.

Change of Status for Spouses and Children

If your employer files a Form I-129 (Petition for Alien Worker) for you to change your status (to the E, H, L, O, P, Q, R or TN visa category), then your spouse and child must complete 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.

If you file a Form I-539 to change your status (to A, B, F, G, , J, M or N visa category), you may include your spouse and any unmarried children under the age of 21 on your 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, your spouse and children may receive the derivative H-4 visa status if you have an H-1B visa, and F-2 status if you have an F-1 student visa.

Change of Status for J-1 Exchange Visitors

If you are a J exchange visitor who was admitted to the United States to receive graduate medical training, you may not change to a different nonimmigrant status unless you receive a special waiver.  In addition, some J-1 exchange visitors must reside in their home country for at least two years before they are allowed to change status to temporary work or become a permanent resident.  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.

Change of Status for Vocational Students (M visa)

If you are a vocational student (with M visa status), you may not apply to change your status 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 the training you received as a vocational student in the United States made you qualified for the temporary worker position.

Timing of Application

You should generally apply as soon as you determine that you need to change to a different nonimmigrant category.  To maintain your status, you must apply to change your nonimmigrant category before your current nonimmigrant status expires, and should not start working until your request for work authorization is approved by the USCIS.  The date your current status expires can be found in the lower right-hand corner of your Form I-94 (Arrival-Departure Record). The Form I-94 is the small white card stapled into your passport when you legally enter the United States.

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, with some exceptions); and,
• You are not in formal proceedings to remove you from the country.

Checking the Status of Your Application

Once you have filed your application to change status and receive your receipt notice, you can check the status of your application through the USCIS Online Case Status website.  When you access this site, type in the receipt number (without dashes), found at the top left corner of your receipt notice.

Change of Status Not Required in Some Cases

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 (B-2 visa category) 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.