Blog: B-1/B-2 to F-1: Possible, but Read This First

Visitors admitted in B1/B2 status are authorized to remain in the United States until the expiration date shown on their Form I-94, which is separate from the validity period of their B1/B2 visa. If a visitor decides to pursue a full-time academic program while in the U.S., they may be eligible to apply for a change of status from B2 to F1 before their authorized stay expires. This B2 to F1 change of status guide explains the eligibility requirements, required documents, filing process, processing time, and important precautions for applicants seeking to change status from B2 to F1.

Change of Status from B1/B2 to F1
Obtaining a B2 visa to enter the U.S. is often straightforward. However, this visa type imposes strict limitations, primarily confining holders to tourism-related activities. Intentions might change once visitors are in the U.S., leading some to seek deeper engagement through study or work. Thankfully, U.S. Citizenship and Immigration Services (USCIS) acknowledges that visitors' intentions can evolve. Provided you were honest about your original intentions at your visa interview and upon entry, changing your plans is not considered fraudulent. This flexibility allows for the possibility of applying for a change in visa status, should your goals in the U.S. develop.

Requirements for Changing B1B2 Status
Eligibility Criteria for Changing Visa Status:

• Lawful Entry: You must have entered the U.S. legally on a nonimmigrant visa.
• Status Maintenance: Your current nonimmigrant status must be valid, and you must have adhered to all its conditions without any violations.
• Employment Restrictions: Holders of a B2 visa must not engage in any form of employment. While short-term study is permitted, it cannot count towards any academic credit.
• Legal Compliance: You must have a clean legal record, with no criminal activities or engagements that would make you ineligible for a change of status.

4 Steps to change your status from B1/B2 to F1

Step 1: Apply for a school and get admission
To begin a change of status from B2 to F1, you must first be accepted by a U.S. school certified by the Student and Exchange Visitor Program (SEVP). After admission, the school can create your SEVIS record and issue Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, which is required when applying for a B2 to F1 change of status with USCIS.

Applicants must also continue to meet the requirements for F1 nonimmigrant status, including demonstrating that they have sufficient financial resources to pay for their studies and living expenses and that their stay in the United States is temporary.

Step 2: Receive your I20
After being accepted by an SEVP-certified school, you should request an I-20 form from your Designated School Official (DSO). Remember, domestic students do not need an I-20, so be sure to specifically request this document if you're an international student. Once you have your I-20, which will note "change of status" in the “Issue Reason” section provided by the DSO, you must pay the I-901 SEVIS fee to proceed with your visa application process.

Step 3: File your I-539 form & Supported Documents
Here are the basic required documents for a visa application, though additional documents may be needed depending on your specific circumstances:

a. Financial Evidence: You must show proof of sufficient funds to cover tuition and living expenses for the duration of your stay.
b. Form I-20: This document is issued by the SEVP-certified institution you plan to attend.
c. Passport: Your passport should be valid for at least six months beyond your planned period of stay in the U.S.
d. Photographs: You will need passport-style photos that meet the specifications for a U.S. visa application.
e. Academic Records: Provide documents that verify your educational qualifications and background.
f. Receipt for SEVIS Fee: You must pay the SEVIS fee prior to submitting Form I-539 for your application.

Step 4: Wait for USCIS decision and start the class

Here's how the process unfolds after submitting your change of status application to USCIS:

1. Approval: If approved, you can enroll in your program and start your studies.

2. Request for Evidence (RFE): If USCIS needs more information, they'll issue an RFE. You must respond with the required information.

3. Notice of Intent to Deny (NOID): If USCIS considers denying your application, they will send a NOID. You should respond promptly to address any concerns.

4. Denial: If denied, you can consider other legal options or reapply if circumstances change.

Upon approval, enroll and pay tuition. Proceed to enroll in your chosen program, pay the tuition fees, and begin attending classes as scheduled.

 

Time and Cost

When applying for a change of status from B2 to F1, there is no general USCIS requirement to wait 30 or 90 days after entering the United States before filing Form I-539. The Department of State's 90-day rule focuses on conduct that is inconsistent with a person's current nonimmigrant status, rather than the act of filing a B2 to F1 change of status application itself.

Applicants seeking a change of status to F1 should continue complying with all B1/B2 status restrictions while their application is pending. In particular, a B1/B2 visitor should not begin a full-time academic program or engage in unauthorized employment before F1 status becomes effective. Applicants should also file while they remain eligible to change status and carefully follow the expiration date shown on their Form I-94.

If USCIS has not decided your B2 to F1 change of status application by the program start date listed on your Form I-20, contact your school's Designated School Official (DSO). The DSO may need to defer the program start date in SEVIS while your change of status to F1 remains pending.

For an applicant who timely files a change of status from B2 to F1 while their B1/B2 status is still valid, USCIS generally does not require additional Form I-539 applications solely to “bridge” the gap between the expiration of B2 status and the F1 program start date. The applicant must have been in valid nonimmigrant status when the F1 change-of-status application was filed and must otherwise remain eligible for approval.