April 17, 2002

Further Clarification on New Regulations Regarding Change of Status from B to F-1 or M-1 Prior to Pursuing a Course of Study

A recent INS memo provides field officers with further guidance on the changes in accommodations made for individuals seeking a change of status from a B visa to an F-1 or M-1 to pursue a course of study. Prior to the April 12, 2002, a B visitor who was in the U.S. for business or pleasure had the ability to begin a course of study in the U.S. without first obtaining approval of a change of status to the appropriate category of either F-1 or M-1 status. Therefore, individuals could enroll in a course of study before they filed the application requesting a change of status. In light of the events of September 11, 2001, the INS has now implemented regulations increasing the INS’ control over such changes.

The new regulations have eliminated the ability of a B-1 or B-2 visitor to enroll in a course of study prior to changing their status to an F or M student. According to the regulations "course of study" includes focused program of classes and not casual short-term classes such as a single English class or crafts class. If the individual begins his studies prior to INS approval of the change of status then he will have violated his B status. To ensure compliance, the regulations now require confirmation from applicants that they have not begun a course of study.

  Federal Register (PDF/320 kb, 4 pages)

  INS Memo (PDF/88 kb, 4 pages)