Definition & Meaning
The "Change of Status Students - International Students" refers to the process by which international students in the United States apply to alter their nonimmigrant status. This form is typically used when students seek to switch their educational course program or institutional affiliation within the constraints of their visa type. Common visa types that may require a change of status are F-1, J-1, and M-1. Such changes are significant as they can impact a student's ability to remain in the United States, participate in work-study programs, and maintain legal residency.
Eligibility Criteria
Eligibility for a change of status depends on several factors tied to the student's current visa and intended status. Generally, the applicant must maintain lawful status at the time of their application. Students holding F-1 or M-1 visas might seek to change to another nonimmigrant status, such as an H-1B for work purposes, provided they meet the specific requirements for the new visa category. Eligibility also requires that the student is not subject to restrictions that prevent changing status from within the U.S.
How to Obtain the Change of Status
To obtain the Change of Status, a student must first complete the USCIS Form I-539. Prior to submission, it is essential to gather all necessary documents, including a valid passport, current I-94 form, and evidence of financial support. It's advised to consult with the Designated School Official (DSO) at the educational institution to ensure the process aligns with SEVIS (Student and Exchange Visitor Information System) records.
Steps to Complete the Change of Status Students - International Students
- Gather Required Documents: Compile the necessary documentation, including current visa details, academic records, and proof of financial support.
- Consult with DSO: Communicate planned changes with the Designated School Official to update SEVIS records accordingly.
- Fill Out Form I-539: Complete the form accurately, providing all requested information and ensuring there are no discrepancies with submitted documents.
- Submit the Form: Send the completed form along with required documents to the appropriate USCIS service center, either online or by mail.
- Await Notification: Wait for the USCIS to process the application. There may be requests for additional evidence or an interview.
- Receive Decision: Once processed, USCIS will notify the student of the decision. If approved, follow any additional instructions for transitioning to the new status.
Important Terms Related to Change of Status Students
- DSO (Designated School Official): A representative at educational institutions who assists international students with visa and immigration concerns.
- SEVIS (Student and Exchange Visitor Information System): The online system used to maintain information on international students and exchange visitors.
- I-94 Form: A document issued by DHS indicating the visa status and duration of stay for nonimmigrant visitors in the U.S.
- Change of Status: The process by which a nonimmigrant switches from one visa classification to another while remaining in the U.S.
Required Documents
- Valid Passport: Must be valid for the duration of the requested status change.
- Current I-94: Reflects the student's admission information and current visa status.
- Proof of Financial Support: Documentation demonstrating the ability to support oneself, such as bank statements or affidavits of support.
- Enrollment Verification: Confirmation of enrollment from the educational institution.
- Letter from DSO: A letter detailing SEVIS history and confirming the institution's support for the status change.
Legal Use of the Change of Status
Changing status legally allows international students to adjust their educational or employment situation within the U.S. without needing to leave the country before obtaining a new visa. Adherence to legal guidelines is crucial as failure to comply could result in visa cancellation or deportation. It's essential to stay updated on visa regulations and seek legal counsel if there are complexities.
Application Process & Approval Time
The application process involves several steps, including the submission of Form I-539, supporting documentation, and coordination with a DSO. Processing times can vary and usually take several months; delays could occur if USCIS requires additional evidence or processing for backlogs. Monitoring the case status online and maintaining regular contact with educational institution officials can help ensure timely processing.
Who Typically Uses the Change of Status Form
This form is predominantly used by international students in the U.S. under F-1, J-1, or M-1 visa statuses seeking to change their academic program or transition to a different visa category. It's also applicable for students who need to extend their stay in the U.S. due to program changes or to pursue optional practical training (OPT) or curricular practical training (CPT) opportunities.
