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Why
Would I Need 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 (USCIS) 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.
Who is Eligible?
To find out who may apply to change nonimmigrant status,
please see Who is Eligible to Change to
a New Nonimmigrant Status?
How Do I Apply?
For the following categories of nonimmigrants, your employer
should carefully read and file an 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
If you are in the following nonimmigrant categories, you
should carefully read and complete USCIS Form
I-539 (Application to Extend/Change Nonimmigrant Status) and
submit any required supporting documents:
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 online,
or by calling 1-800-870-3676, or by submitting an online request
to receive forms
by mail. Further information on forms, filing fees, and fee
waivers is available in Forms, Fees
& Filing Locations.
How Do My Spouse and Child
Apply?
If your employer files Form
I-129 (Petition for Nonimmigrant Worker) for you, then your
spouse and child must carefully read and complete Form
I-539 (Application to Extend/Change Nonimmigrant Status) and
submit any required supporting documents to change to a new nonimmigrant
category. It is best to submit both forms at the same time.
You may include your spouse and any unmarried children under the
age of 21 in your 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?
You should apply as soon as you determine that you need to change
to a different nonimmigrant category. 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 USCIS Form I-94
(Arrival-Departure Record). You should have received an USCIS Form
I-94 when you legally entered the United States. For more information,
please see:
·
Obtaining
an Arrival-Departure Record (I-94)
(this also explains
how to obtain a replacement)
·
Length
of Stay is Determined by Your I-94 Arrival-Departure Record -- NOT
Your Visa
What If I Am Late Filing?
If you are late filing for a change of nonimmigrant status
and your current status has already expired, you must prove that:
- The delay was due to extraordinary circumstances beyond
your control;
- The length of the delay was reasonable;
- You have not done anything else to violate your nonimmigrant
status (such as work without USCIS approval);
- You are still a nonimmigrant (This means you are not
trying to become a permanent resident of the United States. There
are some exceptions.); and
- You are not in formal proceedings to remove (deport)
you from the country.
Checking My Application Status
Contact the USCIS office that received your application,
and be prepared to provide specific information (see Checking
the Status of My Case).
How Can I Appeal?
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, see Appealing
the Denial of My Petition or Application.
HELP!
§
For specific questions, contact
your nearest
USCIS District Office or Sub Office
or call the national USCIS toll-free
information service at 1-800-375-5283. Be aware that if you have broken
immigration laws, you may be subject to removal (deportation) from
the U.S.
§
You may
also want to seek the advice of an immigration attorney.
The information
provided in this website is not legal advice and should not be interpreted
as legal advice. This website is intended to provide a basic understanding
of this information in summary form. This information may not be
comprehensive, is subject to change, and may not apply to all individual
circumstances. Any information received here should be confirmed
with the appropriate government agencies or with an attorney, particularly
as it relates to your individual circumstances. Your use of this
website indicates your agreement to be bound by our Terms
of Use.
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