Change of Status - B1/B2 to F1
Navigating the Change from B1/B2 to F1 Student Visa
Switching from a B1 or B2 tourist visa to an F1 student visa involves several steps that require careful preparation. This guide will walk you through the process, from understanding your B2 travel visa to successfully transitioning to F1 status, ensuring a smooth and compliant change of status (COS) while in the United States.
Understanding the B2 Travel Visa
The B2 visa is commonly used by individuals visiting the U.S. for tourism, visiting friends or family, or seeking medical treatment. It's a non-immigrant visa that typically allows a stay of up to six months. However, the exact duration is determined by the Customs and Border Protection officer at the point of entry, as stamped on your I-94 record.
Key Points:
- Eligibility: Must prove the visit is temporary, with plans to return home after the stay.
- Purpose: Strictly for non-business-related activities such as tourism or visiting relatives.
- Limitations: While you can explore schools or seek medical treatment, you cannot work or study full-time on a B2 visa.
Transitioning from B2 to F1 Status
Changing from a B2 visa to F1 student status is a common path for those who decide to pursue education in the U.S. after arriving. While it is legally permissible to change your visa status, the timing and intent behind your application are crucial.
Legal Considerations:
- Original Intent: Your initial entry into the U.S. on a B2 visa must have been for tourism or another permitted purpose, not to seek a student visa. Changing your status should reflect a genuine change in circumstances.
- Restrictions: You cannot enroll in classes or engage in full-time study while on a B2 visa. Doing so before your status change is approved can jeopardize your application.
B2 to F1 Change of Status in 3 Steps
- Step 1
- Step 2
- Step 3
Get an Offer from a SEVP-Certified School
You must be accepted by a school certified by the Student and Exchange Visitor Program (SEVP). Demonstrate ties to your home country to indicate your intention to return after your studies.
Obtain an I-20 Form
Once accepted, request an I-20 form from your Designated School Official (DSO). This form is crucial for your F1 visa application. You must also pay the I-901 SEVIS fee upon receiving the I-20.
File Form I-539 with Supporting Documents
Submit Form I-539, Application to Extend/Change Nonimmigrant Status, along with the required supporting documents such as financial evidence, your I-20 form, a valid passport, and proof of SEVIS fee payment.
Timing, Process Duration, and Costs
Timing:
- Not Advised: Applying for a change of status within 30 days of entering the U.S. on a B2 visa can raise red flags about your original intentions.
- Grey Period: Applying between 30 and 90 days after entry is a gray area; it might still cause scrutiny but is less risky.
- Relatively Safe: Applying after 90 days of entry, ensuring more than 30 days remain on your B2 visa, is considered safer.
Process Duration:
- Regular Processing: Typically takes 3 to 8 months.
- Premium Processing: Available for an additional fee of $1,965, reducing processing time to 30 days.
Costs:
- School Application Fee: $50 - $200 (waived for partnered schools).
- I-901 SEVIS Fee: $350.
- I-539 Filing Fee: $420 (online) / $470 (by mail).
- Premium Processing: $1,965 (optional).
- Legal Service Fee: $150 - $400/hour.
Common Reasons for Denial and How to Avoid Them
Questionable Timing and Intent:
- Applying too early or too late can lead to suspicions about your intentions. Strategically plan your application to avoid raising red flags.
Unconvincing Explanation Letter:
- Your letter explaining the change in your intentions must be clear and convincing. Weak or vague explanations can lead to denial.
Inadequate Financial Documentation:
- Ensure all financial documents are thorough and accurate, including proof of funds for your first year of study. Missing or questionable documents can result in delays or denial.
Choice of School:
- While the prestige of your chosen institution shouldn't officially impact your visa application, selecting a well-known school may improve your application's perception.
Day 1 CPT Universities
Change of Status
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- Purpose: Allows current F-1 students to extend their student status without leaving the U.S.
- Process: Typically involves updating the I-20 form with your Designated School Official (DSO) and filing with USCIS if necessary.
- Purpose: Converts a visitor status (B-1 for business or B-2 for tourism) to student status to begin or continue education in the U.S.
- Process: Requires filing Form I-539, an explanation letter, acceptance to a U.S. school, an I-20 form, and paying the SEVIS fee ($350).
- Purpose: Changes status from a student to a temporary worker, allowing full-time employment in the U.S.
- Process: Typically requires an employer to file a petition for the H-1B visa on your behalf. Once approved, the change of status can be activated within the U.S.
- Purpose: Converts J-1 status (used for exchange visitors) to F-1 status for students who wish to continue their education in the U.S.
- Process: Requires filing Form I-539, providing a valid reason for the change, and demonstrating continued eligibility for F-1 status.
- Purpose: Allows those on an H-1B work visa to change to visitor status if they no longer wish to work but want to remain in the U.S. temporarily.
- Process: Involves filing Form I-539, along with an explanation letter detailing the reason for the change, and paying the required fees.
- Purpose: Converts L-1 status (used for employees transferred within a company to the U.S.) to F-1 status to pursue education.
- Process: Similar to other student visa conversions, it requires filing Form I-539, an explanation letter, a school’s I-20 form, and payment of the SEVIS fee.
Do you need assistance to change your status from B1/B2 to F1?
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- Connecting to the Admission Officer to Get Pre-Approval
- Premium Process: Get an Offer and I-20 within 3 days (added-value service)
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