How To Change Your Status From B1/B2 Visitor Visa To F-1 Student Visa: A Guide By A New York Immigration Lawyer
By Alena Shautsova, New York Immigration Lawyer
Your Best Immigration Lawyer in the USA
Changing your status from a B1/B2 visitor visa to an F-1 student visa can be a strategic pathway for individuals who decide to pursue education while already in the United States. However, this process involves detailed legal steps and strict compliance with immigration rules. As a dedicated New York Immigration Lawyer, I help clients understand these legal requirements and navigate the process with confidence.
Understanding the B1/B2 and F-1 Visas
B1/B2 Visa: Issued for short-term business (B1) or tourism (B2) visits. Not intended for long-term stay in the US or study.
F-1 Visa: A non-immigrant visa for individuals enrolling in full-time academic programs or language training courses at SEVP-certified institutions in the U.S.
Eligibility Criteria for Changing Status
To change from B1/B2 to F-1 while staying in the U.S., you must:
- Be lawfully admitted to the U.S. on a valid B1/B2 visa.
- Maintain lawful status and apply before it expires.
- Not have worked or studied illegally.
- Be accepted to a SEVP-approved school and receive Form I-20.
- Pay the SEVIS I-901 fee.
- Submit Form I-539 to USCIS with complete supporting documents.
- Show financial capability and non-immigrant intent.
Step-by-Step Process
- Apply to an SEVP-Certified School
- Receive Form I-20
- Pay the SEVIS Fee
- Submit Form I-539 and Supporting Documents
- Wait for Approval from USCIS
- Do Not Begin Classes or Work Until Approval Is Granted
Can you file for change of status right after entering the United States?
When a person enters the U.S. on a non-immigrant visa such as a B1/B2 and quickly takes actions inconsistent with that visa—like enrolling in school or marrying a U.S. citizen—it may raise concerns of fraudulent intent. This means the person may have misrepresented their true intentions at the time of entry, which can lead to a denial of immigration benefits or even removal. USCIS formerly applied the “90-day rule,” under which actions inconsistent with visa status taken within 90 days of entry could trigger a presumption of misrepresentation. Though the exact rule was withdrawn from the Foreign Affairs Manual, USCIS officers still consider timing carefully. Waiting at least 90 days and documenting a genuine change of circumstances can help reduce risk of a fraud finding. Always consult a qualified immigration attorney.
What Happens to your status while your application to change status is pending?
During this time, you are allowed to remain in the US and you will not be accumulating unlawful presence time! Here is an abstract from the Foreign Affairs Manual on point:
9 FAM 302.11-3(B)(5) (U) “Tolling” for Good Cause
(CT:VISA-2022; 07-08-2024)
a. (U) “Tolling” is a legal doctrine which allows for the pausing or delaying of the running of the period set forth by a statute of limitations. Subparagraph (iv) of INA 212(a)(9)(B) provides for "tolling" for up to 120 days of a possible period of unlawful presence during the pendency of an application to change or extend NIV status. This subparagraph applies only to possible ineligibility under INA 212(a)(9)(B)(i)(I). The tolling is only permitted if the individual is lawfully admitted to or paroled into the United States, has filed a nonfrivolous application for a change or extension of status before the date of expiration of the authorized period of stay, and has not been employed without authorization in the United States before or during the pendency of such application, but not to exceed 120 days.
b. (U) DHS has inferred that the "120 days" limitation was predicated on an assumption that they would be able to adjudicate applications for change or extensions of status within that time frame. Due to DHS backlogs, however, some cases have been pending six months or more, during which the applicants could incur the three or 10-year penalties through no fault of their own if only the first 120 days were tolled and the application was ultimately denied. Therefore, for all cases involving potential ineligibility under INA 212(a)(9)(B) whether under the three-year bar of 212(a)(9)(B)(i)(I) or the 10-year bar of INA 212(a)(9)(B)(i)(II), DHS has decided that all time during which an application for extension of stay (EOS) or change of nonimmigrant status (COS) is pending is period of stay authorized by the Secretary of Homeland Security if:
- (1) (U) The application was filed before the expiration date of the Form I-94, Arrival and Departure Record;
- (2) (U) The application was "nonfrivolous"; and
- (3) (U) The individual has not engaged in unauthorized employment (whether before or after April 1, 1997).
- (4) (U) Although INA 212(a)(9)(B) did not go into effect until April 1, 1997, and the law is not retroactive, unauthorized employment before April 1, 1997, will render an individual ineligible for the nonfrivolous COS and/or EOS exception because individuals who have engaged in unauthorized employment are generally not eligible for change or extension of nonimmigrant stay, and therefore, an application under such circumstances should generally be considered frivolous.
c. (U) To be considered "nonfrivolous" you find that the application had an arguable basis in law and fact and must not have been filed for an improper purpose (e.g., as a groundless excuse for the applicant to remain in activities incompatible with their status). It is not necessary to determine that the DHS would have approved the application for it to be considered nonfrivolous.
Important Considerations
- Apply Early: At least 45 days before your current status expires.
- Do Not Study or Work Prematurely: Doing so can result in denial.
- No International Travel: Leaving the U.S. while your application is pending may lead to abandonment of your request.
- Bridging the Gap: If your B1/B2 status expires before your F-1 begins, you may need to file for an extension or another status change.
Can You Work on F-1 Visa Status?
Yes, but there are strict limitations.
On-Campus Employment
- Allowed up to 20 hours/week during academic sessions.
- Full-time work (up to 40 hours/week) is allowed during school breaks.
- No special authorization is required, but employment must be on campus or directly affiliated (e.g., bookstore, cafeteria).
Off-Campus Employment
Only allowed after one academic year and under specific programs:
-
Curricular Practical Training (CPT)
- Must be part of the curriculum.
- Requires authorization from your Designated School Official (DSO).
- Can be paid or unpaid.
- Cannot delay graduation or be used for full-time work unless required by the program.
-
Optional Practical Training (OPT)
- Up to 12 months of work authorization related to the field of study.
- Can be pre-completion (during studies) or post-completion (after graduation).
- Must be requested through USCIS (Form I-765).
-
STEM OPT Extension
- Available for students with qualifying STEM degrees.
- Extends OPT for an additional 24 months (total 36 months).
- Employer must be enrolled in E-Verify.
-
Economic Hardship Employment
- Available under special conditions after one academic year.
- Requires proof of unforeseen financial hardship.
- Must apply for and receive authorization via Form I-765.
-
Important Notes:
- Unauthorized employment will violate your F-1 status and could lead to removal proceedings or a bar from reentry.
- Employment must be directly related to your field of study (for CPT/OPT).
- Volunteering must meet strict criteria and should not replace paid labor.
Can You Study Online on an F-1 Visa?
No, not entirely. F-1 students are required to take in-person classes under U.S. immigration rules, with only limited exceptions:
- Only one online or distance education course (up to 3 credits) per semester can count toward the full-time enrollment requirement.
- During the COVID-19 pandemic, temporary flexibilities allowed more online coursework, but those policies have ended for most students.
- Students enrolling in 100% online programs are not eligible for F-1 status.
Hybrid or In-Person Programs
To maintain your F-1 status:
- Choose a school that offers in-person classes.
- Comply with the minimum in-person credit requirement.
- Communicate regularly with your DSO.
What Happens If You're Denied?
If your change of status is denied:
- You must immediately stop studying (if you had already begun).
- You may begin consular processing by applying for an F-1 visa at a U.S. embassy abroad.
- A denial could affect your ability to reenter the U.S. or apply for other immigration benefits—consult an immigration attorney promptly.
Why Hire a New York Immigration Lawyer?
Working with an experienced New York Immigration Lawyer ensures:
- Thorough review of all documents and eligibility.
- Avoidance of common mistakes and pitfalls.
- Strategic advice on timing, bridging gaps, and work permissions.
- Representation and advocacy in case of delays or denials.
Final Thoughts
Changing from B1/B2 to F-1 status in the U.S. is possible—but not simple. From proving non-immigrant intent to managing study and employment limitations, every step matters. Ensuring legal compliance helps secure your future in the U.S. educational system and keeps you on a path to potential long-term immigration benefits.
Contact Alena Shautsova, New York Immigration Lawyer
CALL 917 885 2261
We help international students change status, maintain lawful presence, and access educational opportunities safely.