B1/B2 to F1
The United States offers several nonimmigrant classifications for tourism, study, and temporary work. Visitors admitted in B1/B2 status may be eligible to apply for a change of status from B2 to F1 while remaining in the United States if they meet USCIS requirements.
However, travelers who enter the U.S. through the Visa Waiver Program (VWP) using ESTA, generally in WT or WB status, are not eligible to file a B2 to F1 change of status from within the United States. If an ESTA traveler later decides to pursue full-time academic study, they generally must depart the U.S. and apply for the appropriate F-1 visa before seeking admission in F-1 status.
Visitors admitted in B1/B2 status are authorized to remain in the United States until the expiration date shown on their Form I-94, which is separate from the validity period of their B1/B2 visa. If a visitor decides to pursue a full-time academic program while in the U.S., they may be eligible to apply for a change of status from B2 to F1 before their authorized stay expires. This B2 to F1 change of status guide explains the eligibility requirements, required documents, filing process, processing time, and important precautions for applicants seeking to change status from B2 to F1.
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B1/B2 Visa
The B1/B2 visitor visa is designated for individuals planning a temporary visit to the United States for business (B1) or tourism, medical treatment (B2), or similar purposes. Specifically, the B1 visa caters to individuals engaging in business activities such as consulting with business associates, attending scientific, educational, professional, or business conventions/conferences, engaging in real estate transactions, or negotiating contracts. On the other hand, the B2 visa is intended for those traveling for leisure, including tourism, visiting friends or relatives, medical treatments, and participation in social, fraternal, or service activities. Typically, the B1 and B2 visas are issued as a combined visa, known as the B1/B2 visa.
F1 Visa
The F1 visa is granted to international students enrolled in accredited educational institutions across the U.S., covering all levels of study. This visa allows students to remain in the U.S. for the entirety of their academic program. Additionally, F1 students may qualify for work opportunities through authorizations like OPT (Optional Practical Training) and CPT (Curricular Practical Training), which are designed to provide practical experience related to their field of study.
Thus, obtaining an F1 visa can significantly expand your educational and professional prospects in the United States.
Obtaining a B2 visa to enter the U.S. is often straightforward. However, this visa type imposes strict limitations, primarily confining holders to tourism-related activities. Intentions might change once visitors are in the U.S., leading some to seek deeper engagement through study or work. Thankfully, U.S. Citizenship and Immigration Services (USCIS) acknowledges that visitors' intentions can evolve. Provided you were honest about your original intentions at your visa interview and upon entry, changing your plans is not considered fraudulent. This flexibility allows for the possibility of applying for a change in visa status, should your goals in the U.S. develop.
Requirements for Changing B1B2 Status
Eligibility Criteria for Changing Visa Status:
- Lawful Entry: You must have entered the U.S. legally on a nonimmigrant visa.
- Status Maintenance: Your current nonimmigrant status must be valid, and you must have adhered to all its conditions without any violations.
- Employment Restrictions: Holders of a B2 visa must not engage in any form of employment. While short-term study is permitted, it cannot count towards any academic credit.
- Legal Compliance: You must have a clean legal record, with no criminal activities or engagements that would make you ineligible for a change of status.
F1 Visa: A Gateway to Educational and Professional Growth
The F1 student visa is tailored for non-immigrants wishing to pursue academic studies in the U.S., offering several benefits over the B1/B2 visa:
Requirements for Changing B1B2 Status
Eligibility Criteria for Changing Visa Status:
- Lawful Entry: You must have entered the U.S. legally on a nonimmigrant visa.
- Status Maintenance: Your current nonimmigrant status must be valid, and you must have adhered to all its conditions without any violations.
- Employment Restrictions: Holders of a B2 visa must not engage in any form of employment. While short-term study is permitted, it cannot count toward any academic credit.
- Legal Compliance: You must have a clean legal record, with no criminal activities or engagements that would make you ineligible for a change of status.
Educational and Professional Opportunities
F1 visa holders can enroll in full-time courses at accredited U.S. institutions, opening doors to advanced education and specific career paths.
Extended Stay and Re-entry Flexibility
F1 visas typically cover the duration of the academic program plus any authorized training, often allowing for a longer U.S. stay than a tourist visa.
Family Inclusion
F1 visa holders can have their family join them on F2 visas, which allow dependents to stay for the duration of the academic program. F2 holders can also engage in recreational or vocational studies.
4 Steps to change your status from B1/B2 to F1
Step 1: Apply for a school and get admission
To begin a change of status from B2 to F1, you must first be accepted by a U.S. school certified by the Student and Exchange Visitor Program (SEVP). After admission, the school can create your SEVIS record and issue Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, which is required when applying for a B2 to F1 change of status with USCIS.
Applicants must also continue to meet the requirements for F1 nonimmigrant status, including demonstrating that they have sufficient financial resources to pay for their studies and living expenses and that their stay in the United States is temporary.
Step 2: Receive your I20
After being accepted by an SEVP-certified school, you should request an I-20 form from your Designated School Official (DSO). Remember, domestic students do not need an I-20, so be sure to specifically request this document if you're an international student. Once you have your I-20, which will note "change of status" in the “Issue Reason” section provided by the DSO, you must pay the I-901 SEVIS fee to proceed with your visa application process.
Step 3: File your I-539 form & Supported Documents
Here are the basic required documents for a visa application, though additional documents may be needed depending on your specific circumstances:
- Financial Evidence: You must show proof of sufficient funds to cover tuition and living expenses for the duration of your stay.
- Form I-20: This document is issued by the SEVP-certified institution you plan to attend.
- Passport: Your passport should be valid for at least six months beyond your planned period of stay in the U.S.
- Photographs: You will need passport-style photos that meet the specifications for a U.S. visa application.
- Academic Records: Provide documents that verify your educational qualifications and background.
- Receipt for SEVIS Fee: You must pay the SEVIS fee prior to submitting Form I-539 for your application.
Step 4: Wait for USCIS decision and start the class
Here's how the process unfolds after submitting your change of status application to USCIS:
- Approval: If approved, you can enroll in your program and start your studies.
- Request for Evidence (RFE): If USCIS needs more information, they'll issue an RFE. You must respond with the required information.
- Notice of Intent to Deny (NOID): If USCIS considers denying your application, they will send a NOID. You should respond promptly to address any concerns.
- Denial: If denied, you can consider other legal options or reapply if circumstances change.
Upon approval, enroll and pay tuition. Proceed to enroll in your chosen program, pay the tuition fees, and begin attending classes as scheduled.
Time & Cost
When applying for a change of status from B2 to F1, there is no general USCIS requirement to wait 30 or 90 days after entering the United States before filing Form I-539. The Department of State's 90-day rule focuses on conduct that is inconsistent with a person's current nonimmigrant status, rather than the act of filing a B2 to F1 change of status application itself.
Applicants seeking a change of status to F1 should continue complying with all B1/B2 status restrictions while their application is pending. In particular, a B1/B2 visitor should not begin a full-time academic program or engage in unauthorized employment before F1 status becomes effective. Applicants should also file while they remain eligible to change status and carefully follow the expiration date shown on their Form I-94.
If USCIS has not decided your B2 to F1 change of status application by the program start date listed on your Form I-20, contact your school's Designated School Official (DSO). The DSO may need to defer the program start date in SEVIS while your change of status to F1 remains pending.
For an applicant who timely files a change of status from B2 to F1 while their B1/B2 status is still valid, USCIS generally does not require additional Form I-539 applications solely to “bridge” the gap between the expiration of B2 status and the F1 program start date. The applicant must have been in valid nonimmigrant status when the F1 change-of-status application was filed and must otherwise remain eligible for approval.
Processing Time
- Regular Processing Time: Regular processing times for a change of status can vary significantly, typically ranging from 3 to 8 months.
- Premium Process: Applicants seeking a change of status from B2 to F1 may request premium processing for an eligible Form I-539 by filing Form I-907 and paying the additional $1,965 premium processing fee. USCIS generally must take adjudicative action on an eligible F1 change-of-status request within 30 business days after all prerequisites for adjudication are met. Premium processing can significantly shorten the processing time for a B2 to F1 change of status, but it does not guarantee approval.
Fees and Cost
- School Application Fee: $50 - $200 (Application Fee can be waived if you applied for a cooperated school with dat1cpt.org)
- I -901 SEVIS Fee: $350
- I-539 Filing Fee: $420 (online) / $470 (by mail)
- Premium Processing (optional): $1965
- Legal Service Fee (optional): $150 -$400/hour
- Tuition: Vary by school
Questionable Timing and Intent and Concerns about Intent of Study
Both these problems relate to the timing and the perceived intent behind applying for a visa change. The solutions for these problems involve:
- Crafting an Effective Explanation Letter: This helps clarify the intent and timing of your visa change request to address USCIS concerns.
- Entering as a Prospective Student in B2 Status: A prospective student who has not yet selected a school or received Form I-20 may, if eligible, be issued a B2 visitor visa for the purpose of visiting schools and selecting an academic program. This is still B2 visitor status, not a separate “prospective student visa.” If the individual later decides to enroll in a full-time academic program, they must obtain F1 status before beginning their studies. Those already in the United States may need to file a change of status from B2 to F1 with USCIS before the program start date.
Gap between B2 and F1 Status
This specific issue is addressed by two solutions:
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A gap between B2 and F1 status can occur when an applicant's B2 authorized stay expires while a B2 to F1 change of status application is still pending or when the F1 program start date approaches before USCIS has made a decision.
For a timely filed change of status from B2 to F1, USCIS generally does not require applicants to submit additional Form I-539 applications solely to “bridge” the gap while the F1 change-of-status request is pending, provided their nonimmigrant status was unexpired when they filed and they otherwise remain eligible for approval.
If USCIS has not approved the change of status to F1 by the program start date listed on Form I-20, the student should contact their Designated School Official (DSO). The DSO may need to defer the program start date in SEVIS until the change-of-status application is decided.
How Much is the Cost for Changing Status from B2 to F1?
- I-539 (Application to Change of Status) Fee: $420 (online); $470 (paper)
- SEVIS Fee: $350
- University Application Fee: $50-200
- Attorney Fee: $200-300 per hour; usually 3-8 hours depending on the case
What happens if my B2 to F1 change of status is denied after my I-94 expires?
If your B2 to F1 change of status is denied after the expiration date on your Form I-94, there is no general 30-day grace period that automatically allows you to remain in the United States. If you timely filed Form I-539 for a change of status from B2 to F1 before your authorized B2 stay expired and otherwise complied with the requirements of your status, you generally do not accrue unlawful presence while the application is pending.
However, if USCIS denies the change of status to F1 after your I-94 has expired, you may need to depart the United States promptly. Depending on the circumstances of the case, unlawful presence may begin accruing after the denial. Remaining in the U.S. after a denial can affect future immigration benefits or visa applications, so applicants should carefully review the USCIS denial notice and consider seeking advice from a qualified immigration attorney.
Should I file online or by mail?
Applicants seeking a change of status from B2 to F1 may be able to file Form I-539 online through a USCIS online account or submit a paper application by mail, depending on their eligibility and circumstances.
Online filing can make it easier to submit documents, receive case updates, and track a B2 to F1 change of status application electronically. Applicants filing with eligible co-applicants, such as a spouse or unmarried children under 21, should carefully follow the current USCIS Form I-539 and Form I-539A instructions to determine the appropriate filing method.
USCIS does not state that filing Form I-539 by mail causes greater scrutiny of a change of status to F1 application. Regardless of the filing method, applicants should submit complete and accurate documentation and follow the current USCIS filing instructions.
Can I study part-time on while on B2?
While on a B2 visa, you are allowed to engage in recreational study that is not for credit towards a degree. This means you can take non-credit courses that are casual and not part of a structured curriculum leading to a certificate or degree. However, if you plan to undertake any study that will contribute towards a degree, you must change your status to an F1 or M1 visa, which are designated for full-time students.
How to choose a suitable school when trying to change from B1/B2 to F1 in the US?
When considering a change from a B2 to an F1 visa within the U.S., choosing the right educational institution is essential. Here’s a guide to help you navigate this important decision:
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SEVP-Certified Institutions: Always ensure the school you choose is certified by the Student and Exchange Visitor Program (SEVP). This certification allows the school to issue I-20 forms, a necessary document for changing your visa status.
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Types of Institutions:
- Traditional Higher Education Institutions: These include universities and colleges offering a variety of academic degrees. They require a significant time and effort commitment, usually involving a full-time course load.
- Day 1 CPT Universities: Ideal for those who wish to integrate work experience with their studies from the onset. These universities offer Curricular Practical Training (CPT) from the first day of classes and may have flexible enrollment periods throughout the year, accommodating urgent status changes.
- English Language Programs: While helpful for improving English skills, be cautious as transitioning from a B2 visa to an F1 via English language programs can have a higher rate of denial due to the perceived temporary nature of such studies.
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Consider Your Academic and Career Goals: Align your choice of school with your long-term educational and professional objectives. If you aim to enter the workforce or continue in academia in the U.S., choosing a traditional institution or a Day 1 CPT university might be more beneficial.
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Application Cycles and Deadlines: Check the application deadlines and cycles of the schools you are considering. Day 1 CPT universities often offer multiple start dates which can be beneficial if you need to adjust your status quickly.
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Review Acceptance Rates and Support for International Students: Some institutions are more supportive of international students and have better resources to assist with the transition from B2 to F1 status. Research the school’s history with international students to gauge their experience in handling status changes.
Choosing the right school involves careful consideration of your current status, your future academic and professional plans, and the specific requirements of each type of institution. Make sure to gather all necessary information and possibly consult with an immigration expert or the school’s international student office to make an informed decision.
Can I work while change of status is pending?
While your application for a change of status is pending, you are not permitted to work or begin your studies. However, you are allowed to remain in the U.S. until a decision on your application is reached.
Are you planning to change your status from B1/B2 to F1? If yes, you can reach out to us and learn more!
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