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GT Business Immigration Observer
December 2003

Can a Tourist Study? Summary of Change of Status Rules for B-1/B-2 to F-1

With recent changes in the law, there has been some confusion regarding the eligibility of a B-1/B-2 visitor to study. To clarify the situation, here is a quick summary.

  • B-1/B-2 visitors for business or pleasure may attend courses that are short-term and incidental to their visit (e.g. a short-term language course, or a recreational dance class is still allowed).
  • B-1/B-2 visitors may not pursue a full-time program of study.
  • B-1/B-2 visitors may apply for admission to a university, but may not begin studies until they have obtained F-1 status.
  • B-1/B-2 visitors who intend to study in the United States should express their intent clearly to the immigration officer at the port of entry. The officer should then make a notation for “prospective student” on the I-94 card. This will facilitate an application for a change of status to F-1 without having to leave the United States first. Others in B-1/B-2 status may apply for a change of status, but chances are an application will be denied and the visitor be required to return to their home country to obtain an F-1 visa before they may begin their program of study.

 

 

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