A Few Quick Notes for B1/B2 Visitors Who Wish to Enroll in School

Yesterday the USCIS posted a document regarding B1?B2 visa holders who are in the United States and wish to attend school. The B visa is a short term non-immigrant tourist or visitor visa for business and does not allow the visa holder to attend school in the U.S. This is specifically prohibited by 8 CFR 214.2(b)(7).

A B visa holder who is in the U.S. and wishes to attend school must first change his or her status to F-1 or M-1 status. Any B visa holder who has not yet enrolled in school, has not overstayed the time indicated on the I-94 document, has not engaged in unauthorized employment and otherwise has not violated U.S. immigration laws can apply to change his or her status to F-1 or M-1 by filing Form I-539 with the proper USCIS office. (This process is not as simple as just filing the form. Additional requirements must be met. Be sure to consult with the educational institution that you plan to attend and an immigration attorney if needed.)

Be sure that you DO NOT enroll in classes before the USCIS approves your I-539 petition or you will be ineligible to change status to F1 of M1.

Applicant's who are not eligible to change status because of status violations or other issues may apply for a F1 or M1 visa at the U.S. Embassy or Consular post abroad.