Change of Status
Changing Immigration Status within the U.S.
In order to be granted a change of status within the U.S., the applicant generally must (at the time the application is filed)
- Have been lawfully admitted to the U.S.
- Not have been unlawfully present in the U.S.
- Hold a status that allows such a change,
- Be maintaining valid status,
- File the change of status application in a timely fashion (before the current status expires), and
- Be eligible for the new status requested
- Submit a copy of SEVIS fee receipt (see SEVIS 901 Fee) http://www.ice.gov/graphics/sevis/i901/index.htm
Visiting J scholars who are not subject to the 2-year home residency physical presence requirement (see “2-year requirement”) are eligible to apply for change of status to any other visa type for which they qualify.
Exchange visitors who are subject to the 2-year home country physical presence requirement are not eligible to change from within the U.S. to any other status in the U.S. except A (diplomatic or government official) or G (international organization), unless they receive a waiver of the 2-year requirement [link to j waiver page at DOS http://travel.state.gov/visa/temp/info/info_1296.html from the Department of State and US Citizenship & Immigration Services.
Changing status by reentering from outside the U.S.:
- This involves obtaining a new visa stamp from a U.S. embassy/consulate outside the U.S. and reentering in the new non-immigrant status you are seeking.
- There are restrictions for those who are subject to the 2-year requirement, which prevent the acquisition of visas in certain categories, such as Permanent Resident, “L” and H-1B, unless they have obtained a waiver of the 2-year requirement.
- No minimum time abroad is required to obtain a different visa stamp, unless you are subject to the 2-year home country physical presence requirement.
- Returning to the United States in another non-immigrant status does NOT absolve the alien of a previously incurred 2-year home country physical presence requirement. It merely defers the 2-year requirement.
- The SEVIS fee http://www.ice.gov/graphics/sevis/i901/index.htm receipt may be required if you are applying to reenter the US in a new visa
category (such as F-, J, or M). - Individuals who are subject to the 2-year waiver must obtain the waiver from both the Department of State and the US Citizenship and Immigration Services (USCIS) before they can apply to change status within the US.
Check with the International Scholar Advisor if you have questions about the information above.
Page Updated: December 18, 2007
