Approval Notice

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To change the purpose of your visit while in the United States, you (or in some cases your employer) must file a request with USCIS on the appropriate form before your authorized period of stay expires.

Who is eligible?

In general, you may apply to change your nonimmigrant status if:

  • You were lawfully admitted to the United States with a nonimmigrant visa,
  • Your nonimmigrant status remains valid,
  • You have not violated the conditions of your status, and
  • You have not committed any crimes that would make you ineligible.

Until you receive approval from USCIS, do not assume your request for a change in nonimmigrant status has been approved, and do not change your activity in the United States. If you do, you might be in a violation of your current nonimmigrant status.

Your authorized status and the date your authorized period of stay in the United States expires can be found in the lower right-hand corner of your Form I-94, Arrival-Departure Record.

You may not apply to change your nonimmigrant status if you were admitted to the United States in the following categories:

  • Visa Waiver Program (VWP),
  • Crew member (D nonimmigrant),
  • In transit through the United States without a visa (TWOV),
  • Certain spouses of U.S. citizens or dependent children (K-3 or K-4 nonimmigrant),
  • Fiancé of a U.S. citizen or dependent of a fiancé (K-1 or K-2 nonimmigrant), or
  • Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant)

If you are a vocational student (M-1), you may not apply to change your status to a(n):

  • Academic student (F-1 nonimmigrant), or
  • Any H status (Temporary Worker), if the training you received as a vocational student in the United States provided the qualifications for the temporary worker position you seek.

If you are an international exchange visitor (J-1 nonimmigrant), you may not apply to change your nonimmigrant status if:

  • You were admitted to the United States to receive graduate medical training, unless you receive a special waiver, or
  • You are an exchange visitor and are required to meet the foreign residence requirement, unless you receive a waiver.

If you do not receive a waiver, you may only apply to change to a diplomatic and other government officials (A visa) or representatives to international organizations (G visa).

For more information on eligibility for change of nonimmigrant status and exceptions that may apply, see the Form I-539 instructions.

How to Apply

Application procedures for a change of status depends on your nonimmigrant status.

If you are in the following nonimmigrant categories:

  • A-1 and A-2 (Ambassador, Prime Minister, or Career Diplomatic or Consular Officer and Their Immediate Family Members)
  • A-3 (Attendants, Servants, Personal Employees of Diplomatic and Other Government Officials and Immediate Family)
  • B-1 and B-2 (Visitors for Business or Pleasure)
  • G-5 (Attendants, Servants, Personal Employees of Foreign Government Officials and Immediate Family)
  • H-4 (Dependents of Temporary Skilled or Unskilled Workers and Trainees)
  • L-2 (Dependents of Intracompany Transferees)
  • M (Vocational Students and Dependents)
  • N (Parents and Children of Certain People Who Have Been Granted Special Immigrant Status)
  • NATO-1 through NATO-5 (Certain officials, employees, or persons associated with NATO and members of their immediate families, entering the United States in accordance with the NATO Status of Forces Agreement or the Protocol on the Status of International Military Headquarters set up pursuant to the North Atlantic Treaty (Paris Protocol))
  • NATO-6 (Civilians and their immediate families, who are employees of a force entering in accordance with the NATO Status of Forces Agreement, or members of a civilian component attached to or employed by NATO Headquarters, Supreme Allied Commander, Atlantic, set up pursuant to the (Paris Protocol))
  • NATO-7 (Attendants, Servants, Personal Employees of NATO Representatives, Officials, Employees and Immediate Family Members)
  • O-3 (Dependents of Aliens With Extraordinary Ability and Their Essential Support)
  • P-4 (Dependents of Athletes and Entertainers)
  • R-2 (Dependents of Religious Workers)
  • All “V” Categories (Certain Second-Preference Beneficiaries)
  • TD (Dependents of Canadians and Mexicans under the North American Free Trade Agreement (NAFTA))

Then you should:

  • Complete the Form I-539, Application to Extend/Change Nonimmigrant Status. Review the form instructions for directions on completing the Form I-539.
  • Submit the Filing Fee(s). Include the appropriate filing fee with the Form I-539 and biometric services fee (if applicable). Refer to the Form I-539 instructions for further details.
  • Submit Evidence. Include all required initial evidence and supporting documentation for the Form I-539.
  • Sign and File the Form I-539. File the application at the correct filing location according to form instructions or electronically (if your category is eligible to e-file).

Note: All family members (spouse and unmarried children under 21) in the same category can be included on one Form I-539.