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"We strongly recommend that you travel abroad to apply for your F-1 visa."

Why we do not recommend Change of Status with USCIS

  • The processing time can take up to 10 months or longer, and can only be expedited via a Request for Premium Processing (I-907), which has an additional filing fee of $1965.
  • You must be in a lawful non-immigrant visa status at the time of filing the change of status application.
  • You are not in F-1 status until USCIS approves your application. Therefore, you are not eligible for any F-1 benefits, such as employment. 
  • If you leave the U.S. while your application is pending, USCIS will consider it “abandoned” and will deny it.
  • USCIS may request additional information which will delay your application. 
  • If you are in B-1 or B-2 status you cannot enroll in classes until your application has been approved. 
  • If you are approved, your status in the US will change to F-1, but if you plan to travel outside of the U.S., you will need to obtain an F-1 visa in your passport in order to return.

If you are unable to travel and need to apply for a change of status with USCIS

  • Contact an experienced immigration attorney
  • Apply for an I-20
  • Meet eligibility requirements

Eligibility

✓You must be in a lawful status at the time of filing your application

✓Your most recent entry was not through the visa waiver program (ESTA)

✓You are not subject to the J-1 two-year home residency requirement

✓You are not currently in the U.S. in M-1 status

Important Things to Remember

If you are currently in F-2 status: Individuals in F-2 status are eligible for part time study. Refer to F-2 Dependents for details. However, once your change of status to F-1 is approved, you are required to be enrolled full time. If your change of status has not been approved by the deadline for adding/dropping classes, your I-20 start date will be deferred until the start of the next semester and you must stay enrolled part time until the end of the current semester in order to maintain your F-2 status. Source: 8 CFR (Code of Federal Register) § 214.2(f)(15)(ii)

If you are currently in B1/B2 status: Individuals in B1/B2 status are prohibited from “enrolling in a course of study” until after USCIS approves their change of status application. Source: 8 CFR § 214.2(b)(7) and §248.1(c)

If you are currently in any other status (e.g., H, J, L, E, etc.): If your current status allows full-time studies in the U.S., you may start classes before your change of status application is approved. However, you are not allowed employment under F-1 status until after your application is approved. For example, if you have an assistantship, you won’t be able to start it until after you receive your F-1 status.

Form I-539

Application to Change Nonimmigrant Status” is available on the USCIS web site at: http://www.uscis.gov. 

How to Apply for a Change of Status with USCIS

STEP 1: Request a 'Change of Status' I-20

Upon acceptance to the school, the Designated School Official (DSO) will issue you a 'Change of Status' I-20.

STEP 2: Pay the SEVIS Fee

Pay the SEVIS Fee by completing the Form I-901 online at FMJfee.com. Proof of SEVIS fee payment will be required for your I-539.

STEP 3: File the Change of Status I-539 application online through your USCIS account

Complete U.S. Citizenship and Immigration Services (USCIS) form I-539, the application to extend/change non-immigrant status and submit it with the required documents and fee. If approved, USCIS will give you official documentation of your new status.

Watch this short video on the many advantages of filing online as compared to mailing a paper application.

Documentation Needed to Apply for Change of Status to F-1

Prepare digital copies of the following documents for online filing.

  • A cover letter (one page or less) requesting the change of status from your current status to F-1. This letter should include a brief explanation as why you wish to change to F-1 status. (See sample of the Letter of Explanation here.)
  • USCIS Form I-539 Application to Extend/Change Nonimmigrant Status
  • Evidence of financial support
  • Admission letter from the school
  • Form I-20. Before scanning the I-20 be sure you sign in “Student Attestation” section on page 1 . 
  • Receipt indicating payment of the SEVIS fee
  • Documents showing that you are currently in lawful non-immigrant status. Examples depending on your current status can include Form I-94, visa stamp, DS-2019, Form I-20 for F-2 status, I-797, EAD card, etc. 
  • Biographical page of your passport, including the expiration date of your passport, and an explanation if the passport is expiring soon.
  • If changing status from an employment based visa, such as J-1 Researcher or H-1B you should include three recent paystubs, or other evidence of employment.
  • If previously in J status and subject to the 212(e) Two-Year Foreign Residency Requirement, include the I-612 proof of waiver approval.

Online Process for Filing the I-539 Application

  1. Follow instructions for creating a USCIS Online Account or log in to your USCIS account if you already have one.
  2. Select “File a Form Online” and choose “I-539 Application to Extend/Change Nonimmigrant Status”.
  3. Follow the instructions and complete each step in the order they are presented to you.

Please keep in mind that you are responsible for the accuracy of your application to USCIS and following their step-by-step instructions.

Related Links:

Considering Premium Processing?

USCIS accepts premium processing for Form I-539 applicants seeking a change of status to F-1 nonimmigrant status. This service guarantees adjudicative action within 30 days for an additional fee.

Those who wish to request premium processing may submit the Form I-907 online, through your USCIS online account.

Note that premium processing is optional, so consider USCIS processing times and program start dates before deciding.

Related Links

STEP 4: Update the DSO upon receiving a decision from USCIS

Email your receipt number and a copy of your I-797 receipt to the DSO of the school:

Keep the DSO updated:

  • On your application status
  • Any notices you receive from USCIS 
  • If you plan to travel

If you are currently in lawful status filing for a change to F-1 status within the U.S., you may remain in the United States until you receive a decision from USCIS. However, you are not eligible for any F-1 benefits or privileges (i.e. working on campus, applying for practical training, etc.) until the change of status is approved.

If the I-539 application is not adjudicated by the original start date on the I-20, the program start date will have to be amended to a later date. This may result in receiving multiple updated I-20s depending on how long your application is pending, and each will have to be attached to your application as an update.

If your change of status is approved by USCIS, upon receipt of your I-797 Approval Notice from USCIS, inform the school DSO so that your SEVIS record and F-1 status can be activated.

If USCIS approves your application more than 30 days before your program start date, you must ensure that you do not violate your F-1 status during that time. An example of a violation would be engaging in employment, including on-campus employment, more than 30 days before the program start date as listed on your Form I-20.

Should you receive a denial notice or Request for Evidence (RFE/RFI), please contact your DSO promptly, as these notices may have time-sensitive implications.

Traveling and Reentering the US after Approval

While application is pending: If you leave the U.S. while your application is pending with USCIS, it will be considered abandoned and you'll need to obtain a new I-20 from us. You will need to apply for an F-1 visa at a U.S. consulate to return.
 

After change of status is approved: If you travel after approval, you'll need to apply for an F-1 visa at a U.S. consulate to return. Remember that you will only receive F-1 status, not an F-1 visa. This means that the first time you travel outside the U.S. while in F-1 status, you will have to apply for F-1 visa at a U.S. consulate in order to be able to return to the U.S.

For further information about travel and re-entry and/or visa applications, refer to the U.S. Department of State website

Related Information