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If you are currently in the U.S. on a visa such as H1B, H4, F2, B1/B2, or other nonimmigrant status, you may be eligible to change your status to an F-1 student visa. This guide outlines the steps to successfully complete the Change of Status (COS) process.
Consult with an immigration attorney and understand your visa restrictions before filing for Change of Status.
1. Understand Eligibility Requirements
Before initiating the process, ensure that you meet the basic eligibility requirements for an F-1 visa. Key requirements include:
Admission to a Student and Exchange Visitor Program (SEVP)-certified school.
Proof of financial support to cover tuition and living expenses.
Maintenance of lawful status under your current visa.
No violation of visa conditions (e.g., unauthorized employment).
Note: Individuals on B1/B2 visitor visas face additional restrictions, as they cannot begin their studies until their F-1 status is approved.
2. Get Accepted to an SEVP-Certified School
To change your status to F-1, you must first be accepted into a U.S. school certified by the Student and Exchange Visitor Program (SEVP). The process involves:
Applying to the school and receiving an admission offer.
Receiving a Form I-20 (Certificate of Eligibility for Nonimmigrant Student Status) from the school.
3. Pay the SEVIS I-901 Fee
Once you receive the Form I-20, you must pay the SEVIS I-901 fee. This fee is required to activate your SEVIS record. To pay the fee:
Visit FMJfee.com.
Submit your personal information and SEVIS ID (found on your I-20).
Pay the fee and keep the receipt for your records.
4. File Form I-539 with USCIS
The next step is to submit Form I-539 (Application to Extend/Change Nonimmigrant Status) to U.S. Citizenship and Immigration Services (USCIS). Here’s how to file:
Complete Form I-539: Visit the USCIS website to complete and download the form.
Prepare Supporting Documents:
Form I-20 from the SEVP-certified school.
Proof of financial support (bank statements, sponsor letters, etc.).
SEVIS I-901 fee receipt.
Copy of current visa, I-94 record, and passport ID page.
Evidence of maintaining lawful status (pay stubs, school records, etc.).
Pay the Application Fee: USCIS requires a filing fee for Form I-539, which can be paid online.
Submit the Application: File online or mail the paper form and supporting documents to the address specified on the USCIS website.
Note: If you are filing online, you’ll need to create a USCIS account. Premium Processing is also available to COS applicants. You can learn more about Premium Processing HERE. filing.
5. Attend Biometrics Appointment
After filing Form I-539, you will receive a notice for a biometrics appointment. This appointment typically involves fingerprinting and taking your photograph. To prepare:
Bring the appointment notice and a valid photo ID (e.g., passport) to the appointment.
Attend on the scheduled date and time at the designated USCIS Application Support Center (ASC).
6. Wait for USCIS Decision
After attending your biometrics appointment, you must wait for USCIS to process your application. Processing times can vary, but it typically takes several months. During this time:
Check your case status online at USCIS Case Status.
Respond promptly to any Requests for Evidence (RFEs) issued by USCIS.
7. Receive Approval and Begin Studies
If USCIS approves your change of status, you will receive an approval notice (Form I-797) and a new I-94 reflecting your F-1 status. Upon approval:
Inform your school’s Designated School Official (DSO) of your updated status.
Begin your academic program according to the start date listed on your I-20.
Important Note for B1/B2 Visitors: Individuals on B1/B2 visas cannot begin their studies until USCIS approves their change of status to F-1. This rule does not apply to H1B, or H4 visa holders who may begin their studies as soon as their COS is pending.
Special Considerations for Each Visa Type
H1B to F1:
You may continue working under H1B status until your F-1 change of status is approved.
H4 to F1:
If you are on an H4 visa (dependent of an H1B holder), you may start classes before your F-1 status is approved.
Consider timing issues, especially if you plan to seek Optional Practical Training (OPT) as an F-1 student.
F2 to F1:
F2 dependents (spouses/children of F-1 holders) cannot study full-time, so a COS is essential to pursue a degree.
B1/B2 to F1:
B1/B2 visa holders face significant restrictions, as USCIS may scrutinize your intent to change status. Evidence of "non-immigrant intent" is critical.
You cannot begin classes until your F-1 status is approved.
Common Mistakes to Avoid
Not Maintaining Current Status: Ensure you remain in legal status throughout the process.
Insufficient Evidence of Financial Support: Submit clear, verifiable proof of financial support.
Missing Biometrics Appointment: Reschedule if you cannot attend your biometrics appointment.
Late Filing: File Form I-539 before your current status expires.
Frequently Asked Questions (FAQs)
Q: How long does it take to change status to F-1? A: Processing times vary, but it can take 3 to 6 months or longer, depending on USCIS workload.
Q: Can I travel internationally while my change of status is pending? A: No, leaving the U.S. while your I-539 is pending will likely result in an automatic denial.
Q: Can I expedite my COS request? A: USCIS allows individuals to request premium processing by submitting Form I-907 along with your Form I-539.
Q: What if my change of status is denied? A: You may need to leave the U.S. and reapply for an F-1 visa at a U.S. consulate abroad.
Summary
Changing your status to an F-1 visa involves several steps, from school admission to filing Form I-539 with USCIS. Each visa type has unique considerations, so ensure you follow the process closely and avoid common mistakes. If you have questions or concerns, consider consulting with a qualified immigration attorney or your school's DSO for guidance.