Meet with an ISSS advisor early on to ask if you are eligible for a change of status to F-1. USCIS can take a long time to adjudicate a change of status application, it’s important to plan up to a year in advance, if possible.
General Considerations
With certain exceptions, individuals already in the U.S. who are maintaining their status in a nonimmigrant category other than F-1 can apply to U.S. Citizenship and Immigration Services (USCIS) for a change to F-1 status. Certain nonimmigrants are not permitted to change status to F-1 while in the U.S. including C, D, K-1, K-2, S, WT and WB. Such nonimmigrants may still be eligible for F-1 status, but the only way they can get F-1 status is through obtaining an F-1 visa and re-entering the U.S.
USCIS will generally approve a change of status (COS) to F-1, if:
- The applicant did not have a "preconceived intention" to study at the time of acquiring their current nonimmigrant status, i.e. B-2 visitor visa,
- The applicant's current nonimmigrant status is valid at the time USCIS receives the COS application,
- The requested program start date in SEVIS is no more than 30 days after the expiration date of the nonimmigrant status from which the student is applying,
- Your passport must be valid for your entire requested period of stay
Note for J-1 or J-2 applicants
You must not be subject to the two-year home residency requirement (Section 212e). If you are subject to the two-year home residency requirement, you are not eligible to apply for a change of status in the U.S. and will need to obtain F-1 status by leaving the US and returning with your I-20 and an F-1 student visa.
Maintain Legal Status
You must maintain your current non-immigrant legal status up to 30 days before the program start date on the 'change of status' I-20 you will receive from ISSS, or your requested change of status may not be granted.
USCIS Processing Delays
Change of status applications can take months to process. Students must take care to keep ISSS informed on the progress of the change of status application. To avoid automatic system cancellation of a SEVIS record, ISSS must defer the program start date when you are within 5 days of your program start date and USCIS has not yet approved your change of status request. Students have the option of paying a premium processing fee to USCIS for an expedited response.
Studying Full-Time w/Pending Change of Status
If your current non-immigrant status does not permit you to enroll in classes, do not enroll in classes or begin your studies until USCIS has approved your change of status. If USCIS has not approved your change of status at least 15 days before the I-20 program start date, you must contact ISSS immediately. You may need to defer attendance and wait until the following term in order to begin your studies at the school in F-1 status.
Please note that you must maintain your non-immigrant status while your change of status application is pending. We encourage all students and prospective students to work closely with ISSS to coordinate the timing of applying for a change of status and enrolling in a course of study.
Disclaimer
A change of status application is a personal application of the individual applying for that benefit and can have complex impact on the applicant’s immigration status and eligibility for future immigration benefits. Although ISSS advisers are aware of the general issues surrounding change of status and the application process, they cannot provide legal advice. Applicants needing immigration advice and help weighing risks or planning an immigration strategy should consult with an experienced immigration attorney.
Prepare to Apply
Start by going to the USCIS website and read everything related to Form I-539, Application to Extend/Change Nonimmigrant Status. You will notice that Form I-539 is used to extend nonimmigrant status as well as change nonimmigrant status. You are applying to ‘change’ nonimmigrant status, not extend, so how you answer certain questions is important.
Paper vs. Online Filing
Please refer to Check your Eligibility to File Form I-539 Online. Most students can file online, but please check your eligibility.
Premium Processing
To determine if your requested classification or category is available for Premium Processing, please visit the USCIS website. If you are requesting Premium Processing Services, you must also file Form I-907, Request for Premium Processing Service, with the I-539 and filing fee.
Application Process
Step 1: Meet with an international student advisor to request a change of status I-20.
- Form I-539
- Every co-applicant included on the primary applicant’s Form I-539 must submit and sign a separate Form I-539A. Parents may sign on behalf of children under 14.
- Form I-539 filing fee; refer to USCIS website for current filing fees
- Copy of properly signed initial ‘Change of Status’ I-20
- Proof of payment of the SEVIS I-901 fee
- The SEVIS I-901 fee is paid online at fmjfee.com based on the I-20 SEVIS ID (N00…)
- The SEVIS I-901 fee is paid online at fmjfee.com based on the I-20 SEVIS ID (N00…)
- Copy of I-94 arrival record (download at CBP I-94 Website and click on 'Get Most Recent I-94')
- Copies of current immigration status documents, visa stamp, and passport ID pages.
- At issue is whether or not the individual is in status at the time the change of status is being requested. Any immigration document (in addition to the I-94) that may establish the validity of the applicant's status at the time of application should be included. Copies of the passport ID pages are included for completeness. It is particularly important to send a photocopy of the visa if the student entered on a B-2 "prospective student" visa.
- At issue is whether or not the individual is in status at the time the change of status is being requested. Any immigration document (in addition to the I-94) that may establish the validity of the applicant's status at the time of application should be included. Copies of the passport ID pages are included for completeness. It is particularly important to send a photocopy of the visa if the student entered on a B-2 "prospective student" visa.
- Copies of financial support documents.
- e.g., bank statements, scholarship letters, graduate employment contracts showing adequate financial resources for full-time study and dependent expenses (if any)
- e.g., bank statements, scholarship letters, graduate employment contracts showing adequate financial resources for full-time study and dependent expenses (if any)
- Copy of UO admission letter (for new admitted students) or UO official transcript (for currently enrolled students)
- Letter from the student explaining why they want to change status to F-1.
- A student letter is optional, but a strong letter can help convince USCIS of the student's temporary intent and persuade USCIS that the student did not have a pre-conceived intention to study in the United States.
- A student letter is optional, but a strong letter can help convince USCIS of the student's temporary intent and persuade USCIS that the student did not have a pre-conceived intention to study in the United States.
Step 3: Scan and send copy of entire application to ISSS at intl@uoregon.edu
Step 4: Mail the I-539 application and all required documents to the correct USCIS filing address, or file online, if eligible.
- If filing by mail, use a receipt-based mailing option such as certified mail, or a express delivery service like FedEx, DHL, etc., so that there will be evidence that the documents were received by USCIS.
- If filing online, you must first check eligibility to file online.
Step 5: Biometric Services Appointment
USCIS may require you to appear for an interview or provide biometrics (fingerprints, photograph, and/or signature) at any time to verify your identity, obtain additional information, and conduct background and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation (FBI), before making a decision on your application or petition. If USCIS determines that a biometric services appointment is necessary, they will send you an appointment notice with the date, time, and location of your appointment
Step 6: Wait for your I-797 Receipt Notice
- You should receive a receipt notice within 2-4 weeks after USCIS has received your application. Keep the receipt for your records.
- Once your application has been approved, notify ISSS at intl@uoregon.edu with a copy of the approval notice.
Special Notes
- Applications may take 6 months or longer to be processed. Please plan ahead!
- You may or may not be allowed to begin full-time study while your change of status application is in process:
- F-2 dependents are not permitted to study full-time until the application is approved
- H-4 dependents may begin and/or continue full-time study while the application is in process
- F-2 dependents are not permitted to study full-time until the application is approved
- B-1/B-2 visitors (business visitors / tourists) are not permitted to study at all until the application is approved and may need to extend B-1/B-2 status while the change of status application is pending
- Persons whose current status are not based on an UO affiliation are strongly recommended to consult with a qualified immigration specialist or attorney.
Frequently Asked Questions
Is it permissible to enroll in school while in a nonimmigrant status other than student status?
It depends. Some statuses permit you to enroll in school, while other statuses do not. For example, the regulations at 8 C.F.R. § 214.2(b)(7) specifically prohibit a course of study in the United States while in B-1 or B-2 status. However, no such prohibition exists for those in E status, so individuals in that status can enroll in school as long as it does not interfere with their ability to maintain their E status.
What if my current status doesn’t allow me to enroll in classes?
Enrolling in a course of study while in a nonimmigrant status that does not permit such activity will result in a status violation. Do not enroll in classes or begin your studies until USCIS has approved your change of status. Individuals who have violated their nonimmigrant status by enrolling in a course of study are not eligible to change to F-1 status.
What if my change of status application is still pending within 30 days of my I-20 program start date?
If USCIS has not adjudicated your change of status at least 15 days before the I-20 program start date, contact and ISSS advisor who must defer the I-20 program start date to the next available term.
If your change of status application is approved, your change of status to F-1 will be effective as of the date of approval. You are not required to obtain status all the way up to the date that is 30 days before your program start date (“bridge the gap”), provided that your nonimmigrant status is unexpired at the time of filing, and you otherwise remain eligible for a change of status.
What if my change of status application is approved more than 30 days before my I-20 program start date?
If your change of status application is approved more than 30 days before your program start date, you must ensure that you do not violate your new F-1 status. An example of a violation would be engaging in employment, including on-campus employment and practical training, more than 30 days before the program start date as listed on your Form I-20.
Leaving the U.S. to Apply for F-1 Visa
You may consider consular processing if you are concerned about maintaining your nonimmigrant status to within 30 days of your I-20 program start date (which may be deferred as described above) or are otherwise not eligible to change status to F-1 status in the U.S. You will need to do the following:
- Be admitted to UO or be a continuing UO student
- Receive an ‘Initial” I-20 from ISSS
- Pay the I-901 SEVIS fee
- Apply at a U.S. consulate or embassy for an F-1 visa to travel to the United States in order to seek admission as a student.
- If you are from a country where no visa is required, such as Canada, you may proceed directly to a U.S. port of entry or a U.S. pre-clearance/pre-flight inspection station and apply for admission to the U.S. as an F-1 student.
- Once admitted by an immigration officer in F-1 status, you may begin your studies.
For more information about consular processing, please visit the Department of State Travel page. For information about SEVP, please visit the ICE Student and Exchange Visitor Program page or the DHS Study in the States page.