Why Do You Need to Ask to Change to a New Nonimmigrant Category?
A nonimmigrant temporarily enters
the United States for a specific purpose such as business, study, temporary
employment or pleasure. When you are admitted into the United States, a U.S.
official will assign you a nonimmigrant category according to the purpose of
your visit. If you want to change the purpose of your visit while you are in
the United States, then you or, in some cases, your employer must ask the U.S. Citizenship and Immigration Services to change your nonimmigrant status. For instance,
if you arrived here as a tourist, but want to become a student, you must submit
an application to change your status with the USCIS. If you do not apply to change
your nonimmigrant status, you will be breaking U.S. immigration laws. Proof
that you are willing to obey U.S. laws may be important if you want to travel
to the United States as an immigrant or nonimmigrant in the future. You may
also become subject to removal (deportation) if you break U.S. immigration laws.
For more information on nonimmigrants, please see the chapter and tables on Temporary Admissions in the Immigration Statistical Yearbook.
Where Can I Find the Law? The Immigration and Nationality Act (INA) governs the admission of all
people to the United States. For the part of the law concerning changing nonimmigrant
status, please see INA § 248. The applicable regulations are found
in the Code of Federal Regulations (CFR) at 8 CFR § 248.
How Do I Apply?
For the following categories of nonimmigrants, your employer should carefully
read and file a USCIS Form I-129 (Petition for Nonimmigrant Worker) and any required
supporting documentation:
E - International Traders and Investors H - Temporary Workers L - Intracompany Transferees O - Aliens of Extraordinary Ability P - Entertainers and Athletes Q - Participants in International Exchange Programs R - Religious Workers TN - Canadians and Mexicans Under NAFTA
A - Diplomatic and other government officials, and their families and employees. B - Temporary visitors for business or pleasure. F - Academic Students and their families G - Representatives to international organizations and their families and employees. I - Representatives of foreign media and their families J - Exchange Visitors and their families M - Vocational Students and their families N - Parents and children of the people who have been granted special immigrant status because their parents were employed by an international
organization in the United States.
The application and correct fee should be mailed to the USCIS Service Center that
serves the area where you are temporarily staying. If your nonimmigrant category
is work-related, then the application and correct fee should be mailed to the
USCIS Service Center that serves the area where you will work. Forms are available
by calling 1-800-870-3676, or by submitting a request through our forms by mail system. For information on fees, please see USCIS filing fees, fee waiver request procedures, and the USCIS fee waiver policy memo. Click here for information
on USCIS offices.
You may include your spouse and any unmarried children under the age of 21 in
your USCIS Form I-539 application if you are all in the same nonimmigrant category, or if your spouse
or children were given derivative nonimmigrant status. Derivative nonimmigrant
status means that your spouse and children were given nonimmigrant visas based
on your nonimmigrant status. For instance, if a student is given an F-1
"Academic Student" visa, then the spouse and child are given F-2 "Spouse
and Child of an Academic Student" visas.
When Should I Apply?
We recommend that you apply as soon as you determine that you need to change
to a different nonimmigrant category. Please note, you must apply to change
your nonimmigrant category before you current nonimmigrant status expires.
Also, do not start new employment without first being approved for your change
of status. The date your status expires can be found in the lower right-hand
corner of your Form I-94 (Arrival-Departure Record). You should have received
a Form I-94 when you legally entered the United States. (For more information,
please see, How Do I Get an Arrival-Departure Record?.)
How Can I Appeal a USCIS Decision Regarding My Change of Status?
If your application to change you nonimmigrant status is denied, you will receive
a letter that will tell you why the application was denied. You will not be
allowed to appeal a negative decision to a higher authority. However,
you may submit a motion to reopen or a motion to reconsider with the same
office that made the unfavorable decision. By filing these motions, you
are asking the office to either reexamine or reconsider their decision. A motion
to reopen must state the new facts that are to be provided in the reopened
proceeding and must be accompanied by affidavits or other documentary evidence.
A motion to reconsider must establish that the decision was based on an incorrect
application of law or USCIS policy, and further establish that the decision
was incorrect based on the evidence in the file at the time the decision was
made. For more information, please see How Do I Appeal the Denial of Petition or Application?.
Can Anyone Help Me?
If advice is needed, you may contact the USCIS District Office near your home for a list of community-based, non-profit organizations that may be able to assist you in applying for an immigration benefit. Please see our USCIS field offices home page for more information on contacting USCIS offices. In addition, please see our Webpage that provides information on free legal advice.
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