How to Change Nonimmigrant Visa Status
To apply to change of visa status to a different nonimmigrant category, the applicant needs to confirm if they are eligible to apply. They should have a valid nonimmigrant status and should not have violated any laws or conditions of their status.
Steps to Change Nonimmigrant Visa Status
The application process depends on the applicant’s current nonimmigrant status and the status he/she wishes to change to. Some nonimmigrants are not able to change status and others are not required to. For example, if you are in the U.S. on a B-1 business visa but would like to spend some of your stay touring the country, you do not need to change your status. Read more here.
Employment-based non-immigrant categories:
The prospective employer files Form I-129, Petition for a Nonimmigrant Worker, before the applicant’s visa status expires. The Form I-94 contains details of their arrival and departure dates to and from the U.S.
All other non-immigrant categories:
1. The applicant files Form I-539, Application to Extend/Change Nonimmigrant Status, at the USCIS center. This can be done in two ways.
2. The applicant attaches the filing fee with the application. The fee varies according to the category.
3. The applicant awaits confirmation from USCIS.
If the applicant has attached a completed Form G-1145, Notification of Acceptance of Application/Petition with the application, he/she will receive an email/text message, when their application has been accepted.
4. The applicant awaits a decision from USCIS.
The decision will be informed to the applicant by mail. If rejected, they will have to depart immediately from the U.S.
