Chapter 8 - Change of Status, Extension of Stay, and Length of Stay

A. General Eligibility for Change of Status to F-1

1. Eligible Nonimmigrants

In general, nonimmigrants who have been lawfully admitted to the United States and maintain the status in which they were admitted (or previously changed to) may seek to change from one visa classification under INA 101(a)(15) to another, with certain restrictions.^[1] The applicant must meet all eligibility criteria for the new visa classification.^[2]

Generally, a nonimmigrant may apply to change to F-1 status while remaining in the United States if:

• The applicant was lawfully admitted to the United States in a nonimmigrant status;
• The applicant’s nonimmigrant status remains valid; and
• The applicant has not violated the conditions of their nonimmigrant status.^[3]

2. Timing and Effective Date

Academic Program Start Date

In general, upon approval of a change of status (COS) to F-1, F-1 students may not engage in any student activities (with certain exceptions)^[4] until 30 days before their academic program start date.

Officers grant the COS with an effective date of the applicant’s F-1 status as the day of final adjudication (approval), regardless of whether it falls within 30 days of the academic program start date.

If a COS to F-1 application is approved more than 30 days before the program start date, the nonimmigrant must ensure that they do not violate their F-1 status during that period of time. The student must ensure they maintain status by not engaging in impermissible activities.

For example, engaging in any employment, including on-campus employment and practical training more than 30 days before the program start date, is a violation of F-1 status.^[5] In general, F-1 students admitted for duration of status who violate the terms of their status, begin to accrue unlawful presence on the day after USCIS or an immigration judge determines that they have violated their nonimmigrant status.^[6]

In all cases, the student must fully comply with all applicable requirements of the Student and Exchange Visitor Program (SEVP).

Duration of Status

Regulations define the nonimmigrant student’s “duration of status” as the time during which an F-1 nonimmigrant is “pursuing a full course of study” at the approved educational institution.^[7] USCIS considers the period of time between the approval of the COS to F-1 classification and the F-1 program start date as falling within the provision of “pursuing a full course of study.” This applies if the F-1 student continues to intend to pursue that course of study and does not otherwise violate their F-1 nonimmigrant status.

USCIS considers this period of time between the date of approval and the program start date as similar to the period of time and purpose a student is in the United States during summer vacation in F-1 status (such a break in classes does not interrupt status).

Deferring Program Start Date

If a COS to F-1 application is not approved before the program start date reflected on the initial “Certificate of Eligibility for Nonimmigrant Student Status” (Form I-20), the applicant must request that their Designated School Official (DSO) defer the program start date in the Student and Exchange Visitor Information System (SEVIS) before the current program start date has been reached.

The applicant can monitor the status of their pending COS application and, in accordance with instructions provided on the SEVP website, may contact the DSO if it appears that the program start date may need to be deferred. The applicant and the DSO are responsible for ensuring that the SEVIS record is not terminated while the COS is pending.

Background

USCIS historically only granted applications to change to F-1 status within 30 days of the program start date listed on the applicant’s Form I-20. USCIS required nonimmigrants applying for COS to F-1 classification to continuously obtain nonimmigrant status up to 30 days before the start date of the program of study listed on the Form I-20, even if that required filing an initial extension and later a subsequent extension or extensions, or filing a COS and subsequent extension or extensions. This policy prevented students from incurring a “gap” in status prior to 30 days before the program’s start date, but resulted in the potential filing and adjudication of multiple, duplicative COS or extension of stay (sometimes referred to as “bridging”) applications.

In order to limit costs to applicants and the government, especially during periods of high volume and extended adjudication times, USCIS no longer requires the applicant to submit subsequent applications for extension or change of nonimmigrant status while the COS to F-1 application is pending with USCIS, provided that the applicant’s nonimmigrant status is unexpired at the time of filing the initial COS to F-1 application, and the applicant otherwise remains eligible for a COS.

To avoid a “gap” in status in cases that are adjudicated more than 30 days prior to the academic program start date but are otherwise approvable, USCIS grants the COS to F-1 effective the day USCIS makes a final decision on the COS application, which may in some cases result in a student being granted F-1 status more than 30 days prior to the program start date. 

3. Nonimmigrants Unable to Enroll in a Full Course of Study Seeking Change of Status to F-1 Classification

Certain nonimmigrants, including visitors for business or pleasure (B-1 or B-2), are prohibited from enrolling in a full course of study.^[8] Nonimmigrants who wish to enroll in a full course of study but are unable to do so in their current nonimmigrant status must first submit a COS application and request nonimmigrant student (F-1) status. These nonimmigrants must do so while they are still in lawful status.

4. Other Nonimmigrants Seeking Change of Status to F-1 Classification

Some nonimmigrant classifications (PDF) permit applicants to enroll in a full course of study incidental to their primary purpose for being in the United States, while other classifications do not. COS applicants in nonimmigrant classifications that permit such enrollment and who enroll in a full course of study may continue their studies, even if their COS to F-1 is approved more than 30 days before their program start date as listed on their Form I-20.^[9]

Nonimmigrants whose classifications do not permit enrolling in a course of study must first acquire F-1 status and may only enroll in a full course of study upon the program start date listed on Form I-20.

When an applicant applies for a COS to F-1 status, the applicant must wait until the COS is approved as well as 30 days before the new program start date before engaging in F status-specific activities (such as on-campus employment and practical training).^[10]

5. Travel Abroad and Consular Processing

A nonimmigrant who obtains an F-1 nonimmigrant visa through consular processing may not be admitted more than 30 days before the report date or program start date listed on the Form I-20.^[11] If a nonimmigrant travels abroad while their COS application is pending, USCIS considers that COS application abandoned.

If a nonimmigrant student travels abroad after USCIS has approved their F-1 COS application, regulations prohibit re-admission to the United States in F-1 status more than 30 days before the report date or program start date listed on the Form I-20.^[12]

B. Vocational Student (M-1) [Reserved]

[Reserved]

C. Extension of Stay

1. F-1 Students

An F-1 student who is admitted for duration of status is not required to apply for an extension of stay with USCIS as long as the student is maintaining status and making normal progress toward completion of the student’s educational objective.^[13] An F-2 dependent is not required to seek an extension of stay as long as the principal maintains F-1 student status.

An F-1 student who continues from one educational level to another is considered to be maintaining status, provided that the transition to the new educational level is completed according to the transfer procedures.^[14] F-1 students continuing their studies at another educational level must request that the DSO change the students’ educational level within 60 days of their program end date.

An F-1 student who is maintaining status and making normal progress toward completing their educational objective, but is unable to complete their course of study by the program end date on the Form I-20, must request a program extension from their DSO before the program end date.

The F-1 student may be granted an extension if the DSO certifies that the student has continually maintained status and that the delay is caused by compelling academic or medical reasons, such as a change of major or research topics, unexpected research problems, or documented illnesses. Delays due to academic probation or suspension are not acceptable reasons for program extensions.

An F-2 dependent of an F-1 student unable to complete their course of study by the program end date on the Form I-20 does not need to apply separately for an extension of stay. If the DSO grants a program extension for the F-1 student, the DSO updates SEVIS for both the F-1 student and F-2 dependent.^[15]

Failure to receive timely authorization for extension of stay results in the loss of student status.^[16] An F-1 student who is unable to complete the educational program within the time listed on the Form I-20 and who is ineligible for a program extension is considered out of status as of the program end date.^[17] In either case, the student must request to be reinstated to student status to continue studies.^[18]

Reinstatement to F-1 Student Status

Generally, USCIS may reinstate a student’s F-1 status if the student makes a request on an Application to Extend/Change Nonimmigrant Status (Form I-539).^[19] The request must be accompanied by a properly completed Form I-20 indicating the DSO’s recommendation for reinstatement from the school the student is attending.^[20]

The student’s application must show:

• The student filed the application no more than 5 months after being out of status, or exceptional circumstances resulted in the student’s failure to file within 5 months and the request for reinstatement was filed as soon as possible under the circumstances;^[21]
• The student does not have a record of repeated or willful violations of DHS regulations;^[22]
• The student is currently pursuing or intending to pursue a full course of study in the immediate future at the school that issued the Form I‑20;^[23]
• The student has not engaged in unauthorized unemployment;^[24] and
• The student is not deportable on any ground other than as an alien whose nonimmigrant status has been revoked or an alien who has failed to maintain nonimmigrant status.^[25]

The student’s application must also show:

• The violation of status resulted from circumstances beyond the student’s control;^[26] or
• The violation relates to a reduction in the student’s course load that would have been within a DSO’s power to authorize, and that failure to approve reinstatement would result in extreme hardship to the student.^[27]

Violations due to the student’s actions, such as criminal activity, are not considered circumstances beyond the student’s control.

2. M-1 Students

The cumulative time of extensions, including extensions for practical training, that can be granted to an M-1 student is limited to a period of 3 years from the M-1 student’s original start date, plus 30 days.

No extension can be granted to an M-1 student if the student is unable to complete the course of study within 3 years of the original program start date. This limit includes extensions that have been granted due to a drop below a full course of study, a transfer of schools, or reinstatement. M-1 students may be granted an extension of stay if they establish:

• They are currently maintaining M-1 status;
• Compelling educational or medical reasons have resulted in a delay to their course of study (delays caused by academic probation or suspension are not acceptable reasons for program extension); and
• They are able to, and in good faith intend to, continue to maintain that status for the period for which the extension is granted.^[28]

Application

An M-1 student must apply to USCIS for an extension on Form I-539. The student must submit the application at least 15 days, but not more than 60 days, before the program end date on the student’s Form I-20. A student’s M-2 spouse and unmarried children under the age of 21 seeking an extension of stay may be included in the application. The application must also be accompanied by the student’s Form I-20 and the Form I-94 of the student’s spouse and unmarried children, if applicable.

Period of Stay

If USCIS grants an application for extension, the M-1 student and their spouse and unmarried children under the age of 21 are given an extension of stay for the period of time necessary to complete the course of study, plus 30 days within which to depart from the United States, or for a total period of 1 year, whichever is less.^[29]

A student’s M-2 spouse and unmarred children under the age of 21 are not eligible for an extension unless USCIS grants the M-1 student an extension of stay, and USCIS does not grant them a longer period than USCIS grants the M-1 student.^[30]

Reinstatement to M-1 Student Status

USCIS may consider reinstating a student who makes a request for reinstatement on a Form I-539, accompanied by a properly completed Form I-20 indicating the DSO’s recommendation for reinstatement. USCIS may consider granting the request only if the student:^[31]

• Has not been out of status for more than 5 months at the time of filing the request for reinstatement (or demonstrates that the failure to file within the 5-month period was the result of exceptional circumstances and that the student filed the request for reinstatement as promptly as possible under these exceptional circumstances);
• Does not have a record of repeated or willful violations of DHS regulations;
• Is currently pursuing, or intends to pursue, a full course of study at the school that issued the Form I-20;
• Has not engaged in unlawful employment;
• Is not deportable on any ground other than INA 237(a)(1)(B) or INA 237(a)(1)(C)(i); and
• Provides evidence that the violation of status resulted from circumstances beyond the student’s control^[32] or the violation relates to a reduction in the student’s course load that would have been within a DSO’s power to authorize, and that failure to approve reinstatement would result in extreme hardship to the student.

D. Length of Stay

F-1 students may be admitted for a period of up to 30 days before the indicated report date or program start date listed on the Form I-20.^[33] F-1 students are maintaining status if they are making normal progress toward completing a course of study. Admission, except for students enrolled in public high schools, is for duration of status.^[34]

M-1 students may be admitted for a period of up to 30 days before the report date or start date of the course of study listed on the Form I-20.

M-1 students are admitted for a fixed time period, which is the period necessary to complete the course of study indicated on the Form I-20, plus any authorized practical training following completion of the course of study, plus an additional 30 days to depart the United States. However, the total time period may not exceed 1 year.^[35]

M-1 students are maintaining status if they are making normal progress toward completing a course of study.

E. Duration of Status

F nonimmigrants^[36] are admitted into the United States for an unspecified period of time to engage in activities authorized under this nonimmigrant classification. This unspecified period of time is referred to as duration of status.^[37] This means that an F nonimmigrant may remain in the United States while maintaining their student status, including any authorized practical training following completion of studies, without being required to apply for an extension of stay with USCIS, or to depart and re-enter the United States in F-1 status.^[38]

F. Departure Periods

1. F-1 Students

F-1 students who have completed their course of study and any authorized practical training following completion of studies are allowed an additional 60-day grace period to prepare for departure from the United States or to transfer to another SEVP-certified school.^[39] During the grace period, the F-1 student is deemed to be maintaining nonimmigrant status and may apply for a change to another nonimmigrant or immigrant status.

F-1 students authorized by the DSO to withdraw from classes are allowed a 15-day period for departure from the United States.^[40] However, F-1 students who fail to maintain a full course of study without the approval of the DSO or otherwise fail to maintain status are not eligible for an additional period for departure.^[41]

2. M-1 Students

M-1 students who have completed their course of study and any authorized practical training following completion of their studies are allowed an additional 30-day grace period to prepare for departure from the United States.^[42] During the grace period, the M-1 student is deemed to be maintaining nonimmigrant status and may apply for an extension of their stay or change to another nonimmigrant or immigrant status. M-1 students who fail to maintain a full course of study or otherwise fail to maintain status are not eligible for the additional 30-day period of stay.^[43]

Footnotes

[^ 1] See INA 248.

[^ 2] According to INA 101(a)(15)(f), an alien is eligible for F nonimmigrant classification if the alien: has a residence in a foreign country which they have no intention of abandoning, is a bona fide student qualified to pursue a full course of study, and seeks to enter the United States temporarily and solely for the purpose of pursuing such a course of study consistent with INA 214(m) at an established college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in an accredited language training program in the United States.

[^ 3] Violations of status include, among others, engaging in unauthorized employment and certain criminal activity. See 8 CFR 214.1.

[^ 4] See Subsection 4, Other Nonimmigrants Seeking Change of Status to F-1 Classification [2 USCIS-PM F.8(A)(4)].

[^ 5] See 8 CFR 214.2(f)(9(i).

[^ 6] See Adjudicator's Field Manual Chapter 40.9.2. Students may be subject to 3-year or 10-year bars on their readmission to the country, respectively, if they accrue more than 180 days or 1 year of unlawful presence. See INA 212(a)(9)(B).

[^ 7] See 8 CFR 214.2(f)(5).

[^ 8] See 8 CFR 214.2(b)(7).

[^ 9] Under 8 CFR 214.2(f)(15)(ii), an F-2 is permitted to enroll in post-secondary or vocational study at an SEVP-certified school so long as any study remains less than a full course of study.

[^ 10] See 8 CFR 214.2(f)(9(i).

[^ 11] See 8 CFR 214.2(f)(5)(i).

[^ 12] See 8 CFR 214.2(f)(5)(i).

[^ 13] For a discussion of the extension of stay available to certain F-1 beneficiaries of an H-1B petition, under the “cap gap” provisions, see Chapter 5, Practical Training, Section D, F-1 “Cap-gap” Extension [2 USCIS-PM F.5(D)].

^ [14] See 8 CFR 214.2(f)(8).

[^ 15] See 9 FAM 403.9-4(E), Maximum Initial Periods of Admission and Extension of Stay.

[^ 16] See 8 CFR 214.2(f)(7)(iii).

[^ 17] See 8 CFR 214.2(f)(7)(iii).

[^ 18] See 8 CFR 214.2(f)(7)(iii) (directing that the application for reinstatement would be under the provisions of 8 CFR 214.2(f)(16)).

[^ 19] See 8 CFR 214.2(f)(16).

[^ 20] See 8 CFR 214.2(f)(16)(i).

[^ 21] See 8 CFR 214.2(f)(16)(i)(A).

[^ 22] See 8 CFR 214.2(f)(16)(i)(B).

[^ 23] See 8 CFR 214.2(f)(16)(i)(C).

[^ 24] See 8 CFR 214.2(f)(16)(i)(D).

[^ 25] See 8 CFR 214.2(f)(16)(i)(E).

[^ 26] For example, serious injury or illness; closure of the institution; a natural disaster; or inadvertence, oversight, or neglect on the part of the school’s DSO. Situations caused by the student’s willful failure or by a pattern of repeated violations do not qualify. See 8 CFR 214.2(f)(16)(i)(F)(1).

[^ 27] See 8 CFR 214.2(f)(16)(i)(F)(2).

[^ 28] See 8 CFR 214.2(m)(10).

[^ 29] See 8 CFR 214.2(m)(10)(iii).

[^ 30] See 8 CFR 214.2(m)(10)(iii).

[^ 31] See 8 CFR 214.2(m)(16).

[^ 32] Circumstances beyond the student’s control might include serious injury or illness, closure of the institution, a natural disaster, or inadvertence, oversight, or neglect on the part of the DSO. They do not include instances where a pattern of repeated violations or a willful failure on the part of the student resulted in the need for reinstatement.

[^ 33] See 8 CFR 214.2(f)(5)(i).

[^ 34] An F-1 student who is admitted to attend a public high school is restricted to an aggregate of 12 months of study at any public high school. See 8 CFR 214.2(f)(5)(i).

[^ 35] See 8 CFR 214.2(m)(5).

[^ 36] Students traveling on M visas (students in vocational or other nonacademic institutions) generally are admitted for a fixed time period, rather than for duration of status, although extensions are possible. See 8 CFR 214.2(m)(5) and 8 CFR 214.2(m)(10).

[^ 37] See 8 CFR 214.2(f)(5)(i). Duration of status is defined as the time during which an F-1 student is pursuing a full course of study at an educational institution certified by U.S. Immigration and Customs Enforcement Student and Exchange Visitor Program for attendance by foreign students or engaging in authorized practical training following completion of studies. The student is considered to be maintaining status if the student is making normal progress toward completing a course of study.

[^ 38] See INA 214(m). See 8 CFR 214.2(f)(5)(i). Statutory and regulatory requirements restrict the duration of study for F-1 students to attend a public high school to an aggregate of 12 months of study at any public high school.

[^ 39] See 8 CFR 214.2(f)(5)(iv).

[^ 40] See 8 CFR 214.2(f)(5)(iv).

[^ 41] See 8 CFR 214.2(f)(5)(iv).

[^ 42] See 8 CFR 214.2(m)(5) and 8 CFR 214.2(m)(10).

[^ 43] See 8 CFR 214.2(m)(5).