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Status Change for Dummies

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When you enter the United States and your original reason for coming changes, in those cases you can request to change your nonimmigrant status to a different status before your authorized stay in the United States expires.

When you enter the United States and your original reason for coming changes, in those cases you can request to change your nonimmigrant status to a different status before your authorized stay in the United States expires.

A common example of Change of Status cases is when a person enters as a tourist and wishes to stay to study in the United States.

What requirements do you need to know to apply for the Change of Status process?

  • Having entered the USA legally.
  • Have a valid stay throughout the entire process.
  • Financial capacity to cover housing and study costs.
  • Demonstrate a strong connection to your country of origin.

How long can a Change of Status process take?

The average processing time is 8 to 14 months. During which you can remain in American territory.

When can you request to change your status?

Employment-based categories:
If you want to change your status to one of the following employment-based nonimmigrant categories, your prospective employer must submit the corresponding form, Nonimmigrant Worker Application, before your Form I-94 expires.

  • E-1 and E-2 (Traders and investors and employees of traders and investors) E-3 (Skilled professionals from Australia)
  • H-1B, H-2A, H-2B, or H-3 (Skilled or unskilled apprentices and temporary workers)
  • L-1A or L-1B (Intracompany Transferees)
  • O-1 or O-2 (Foreigners with extraordinary abilities)
  • P-1, P-2, or P-3 (Athletes and artists)
  • Q-1 (International visitors for cultural exchanges)
  • R-1 (Religious representatives)
  • TN-1 or TN-2 (Canadians and Mexicans under the North American Free Trade Agreement)
    Each of the categories mentioned above has its own specific limitations and requirements, and even limitations on the length of your stay in this country.

Other categories:
If you wish to change your status to one of the following nonimmigrant categories, you must submit Form I-539:

  • A (Diplomats and other government officials, immediate family members, and employees)
  • B-1 and B-2 (Visitors on business or leisure trips)
  • E-1 and E-2 (Dependents of traders and investors who have made treaties and
    your employees)
  • E-3 (Dependents of trained professionals from Australia)
  • F (Academic students and their dependents)
  • G (Foreign government officials, certain immediate family members and their employees)
  • H-4 (Dependents of skilled or unskilled temporary workers and apprentices)
  • L-2 (Intracompany transferees dependents)
  • M (Vocational students and their dependents)
  • N (Parents and children of certain persons who have been granted a special status of
    immigrant)
  • NATO (NATO representatives, officials, employees and immediate family members)
  • O-3 (Dependents of foreigners with extraordinary abilities and their assistants)
  • P-4 (Dependents of athletes and artists)
  • R-2 (Dependents of religious representatives)

Tips you should know

  • Even if it seems simple, it's best to get advice.
  • If you switch to F1, make sure you always use the same SEVIS number on your I-20 form.
  • If your application is denied, you will accumulate irregular presence from the expiration of your
  • I-94, I-20 or DS-2019 as applicable.

How can you do it?

News written from: USCIS