Change of Non-Immigrant Status

Often life changes and so do the purposes for visiting the U.S. Consequently the USCIS allows for change of non-immigrant status to another lawful non-immigrant status by filing accordingly. However, this change of status must be filed while Form I-94, Arrival-Departure Record is still valid. Likewise, the passport must remain valid throughout the entire change of status process. However there are restrictions applicable to different non-immigrant visa holders. For example;

Those Who Cannot Change Status

1. C-visa foreign nationals in transit,

2. D-visa crewmen,

3. K-1 and K-2 visa fiance(e)s and their dependants,

4. S-visa informants and witnesses,

5. those in transit without a visa,

6. entrants under the Visa Waiver Program (VWP),

Those With Restrictions as to Change of Status

7. J-1 visa exchange visitors subject to 2 year foreign residency requirement,

8. M-1 visa vocational students,

9 . Q-2 visa Irish Peace Process Cultural and Training Program participants.

Those With Employer Based Visas Requiring the Filing of USCIS Form I-129 With Families on USCIS Form I-539

10. E-1 visa treaty trader,

11. E-2 visa treaty investor,

12. H-1B visa temporary workers

13. H-2A visa temporary agricultural workers,

14. H-2B visa temporary seasonal workers,

15. H-3 visa foreign trainees,

16. L-1A visa intracompany transferees,

17. L-1B visa intercompany transferees,

18. O-1 visa

19. O-2 visa

20. Q-1 visa international cultural exchange,

21. R-1 visa religious workers,

22. TN visa NAFTA Canadians and Mexicans.

Those Requiring USCIS Form I-539

23. A-visa diplomats and government officials,

24. B-1 and B-2 visa visitors for pleasure and business,

25. E-1 and E-2 visa trader and investor dependants,

26. F visa students and dependants,

27. G visa foreign government officials and family members,

28. H-4 visa temporary worker dependants,

29. K-3 and K-4 visa spouse and minor child,

30. L-2 visa intracompany transferee dependents,

31. M visa vocational and language students and dependants,

32. N visa parents and children of those granted special immigrant status,

33. NATO visa for NATO officials, employees and dependants,

34. O-3 visa extraordinary ability aliens,

35. P-4 visa athletes and entertainer dependants,

36. R-2 visa religious worker dependants,

37. TD visa TN dependants.

Status must be changed before the I-94 card has expired and they are not automatically approved.