Special Instructions for B Visitors Who Want to Enroll in School

Cozen O'Connor
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[author: Laura Anne Schierhoff]

On April 11, 2017, the U.S. Citizenship and Immigration Services (USCIS) posted FAQs for B-1/B-2 visitors who want to enroll in school. The USCIS emphasized that it is not permissible to enroll in school if individuals are in B-1 or B-2 status. The USCIS further stated that individuals in B-1 or B-2 status who have violated their nonimmigrant status by enrolling in a course of study are not eligible to extend their B status or change to F-1 or M-1 status. Before enrolling in a course of study, individuals who are in B-1 or B-2 status must first acquire F-1 (academic student) or M-1 (vocational student) status. To change nonimmigrant status, individuals must file a Form I-539, Application to Extend/Change Nonimmigrant Status and include the required fee and documents listed in the instructions. The USCIS also stated that individuals whose F-1 or M-1 program start date is deferred to the following academic term or semester – because USCIS did not make a decision on their Form I-539 change of status application before the originally intended F-1 program start date – must file a second Form I-539 in order to bridge the gap in time between when their current status expires and the 30-day period before the new F-1 program start date.

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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