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Comparison Between Changing to B-1/B-2 Status and F-1 Status

The most common options for changing status are changing to B-1/B-2 and F-1. This article discusses the pros and cons of each option.

If you wish to maintain your legal stay in the U.S. through a change of status, the F-1 (student) and B-1/B-2 (visitor) statuses are the most common options. Here is a comparison of the two options:

 

Change to B-1/B-2 Status

Change to F-1 Status

 

Required Materials and Fees

 

  • Form I-539 (Application to Extend/Change Nonimmigrant Status)

  • Explanation Letter

  • Application Fee: $420 (online) or $470 (mail)

  • Form I-539 (Application to Extend/Change Nonimmigrant Status)

  • Explanation Letter

  • Admission Offer Letter and I-20

  • Application Fee: $420 (online) or $470 (mail)

  • SEVIS Fee: $350

Processing Time

  • 3-6 months (with an additional 1-2 months for RFE)

  • No Premium Processing

  • 3-6 months (with an additional 1-2 months for RFE)

  • Premium Processing Available (decision within 1 month)

Benefits
  • B-1/B-2 visas are tourist visas that allow holders to travel and engage in specific business activities in the U.S. While the holders can look for jobs in the U.S., they are not permitted to work. Upon receiving a job offer, they need to reapply for a work visa.
  • The F-1 visa is a full-time student visa for attending higher education institutions in the U.S. During their studies, F-1 students can use CPT for full-time or part-time work. After graduation, depending on the program, they may qualify for 1-3 years of OPT.

Pros
  • Simple Process
  • Lower Cost

  • No Work or Study Requirements

  • Short Processing Time (with Premium Processing)

  • Work Permits (CPT and OPT)

  • Longer Duration (2-5 years, depending on the length of the program)

Cons

  • Long Processing Time: A change of status can take a long time, and during the pending period, you cannot work, study or travel abroad.

  • Short Duration: The B visa can be valid for up to 10 years, but each stay in the U.S. is limited to a maximum of 6 months.

  • No Work Authorization: U.S. immigration regulations prohibit B visa holders from working or engaging in profit-generating activities.

  • Academic Pressure: To maintain F-1 status, you must fulfill full-time student requirements, including attending classes and completing assignments.

  • Higher Cost: Tuition fees can be expensive.

Suitable Applicants
  • Individuals Who Need a Temporary Stay:

The B-1/B-2 status does not allow for immigrant intent. If you already have an H-1B visa (which permits dual intent) and have filed an I-140, changing to B-1/B-2 status may lead USCIS to question your intentions.
  • Individuals Who Aim to Develop a Long-Term Career in the U.S.:

Although the F-1 status does not permit immigrant intent either, it is reasonable to change to F-1 status for pursuing further education after working for several years. With a convincing explanation, this should not cause any issues for future H-1B or green card applications.