Good News – Update to Change of Status to F-1 Process!

Archive article: original publication date retained. This is not a current policy announcement. Check official guidance and consult your DSO before acting.

Released on 07/20/2021, this USCIS’ article provides good news to non-immigrant visa holders seeking to change their status to F-1 Student.

During the Trump Administration, any non-immigrant visa holders (B-1, B-2, J-1, etc) entered the US and subsequently submitted an application to change their status (COS) to F-1 MUST maintain their current status. Let’s look into Sam’s case. He entered the US with a B-2 visa, and was allowed to stay for 6 months. In Month 5 of his stay, he submitted Form I-539 to change his status from B-2 to F-1. He had to submit yet another Form I-539 to extend his B-2 stay for another 6 months to maintain his B-2 status. Failure to do so, his COS application would be point blank denied based on Title 8 CFR, section 248.1(b) which states that:

“…a change of status may not be approved for an alien who failed to maintain the previously accorded status or whose status expired before the application or petition was filed …”

In addition, according to Title 8, CFR, section 214.2(f)(5)(i),

“… An F-1 student may be admitted for a period up to 30 days before the indicated report date or program start date listed on [his or her] Form I-20 …,”

not only had Sam to keep his B-2 status while waiting, but he would also have to anticipate that the “tentative” approval date of his COS application fell within 30 days of the Program Start Date listed in his I-20. Otherwise, he would need to file the second EOS application to bridge the gap.

With this policy update, it’s all gone!!! Non-immigrant visa holders no longer need to file even a single EOS application. Let’s look at a specific timeline for Bella:

05/01/2021: Bella was admitted into the US with B-2 status until 10/31/2021
10/01/2021: Bella submitted her COS to F-1 application. She does not have to file an EOS application as her COS application is now pending.

01/18/2022: Bella’s Program Start Date, according to her I-20 received from the school she planned to enroll.
12/19/2021 is the 30th day before the Program Start Date. If USCIS approves Bella’s application within 12/19/2021 – 01/18/2022, there is no gap to worry about. However, if the approval came earlier, there is a gap from the approval date to 12/19/2021! Yet, Bella would be ok under the updated policy, but she must not engage in unauthorized work outside or on campus during the gap!

Contact Welbright at 224-698-9698 or info@welbright.com if you are considering filing a COS application. There is no cost for an initial consultation.

This archived article explains a July 20, 2021 policy announcement. It is not a guarantee that every applicant meets the same conditions. Check current USCIS guidance and discuss eligibility, deadlines, and restrictions with your DSO or an immigration attorney. Contact Welbright for document-preparation support at 224-698-9698 or by email. info@welbright.com หรือแวะไปคุยกับเราผ่านทางเฟสบุ้คก็ได้ครับ http://www.facebook.com/welbright.