Changing your visa type while staying in the United States is a common concern for many immigrants, students, workers, and visitors. The process, known officially as a “change of nonimmigrant status,” is possible in many cases—but not always guaranteed.
This guide explains who can apply, how to file, what restrictions apply, and what to expect during the process in 2025.
What Is a Change of Status?
A change of status means you are asking U.S. Citizenship and Immigration Services (USCIS) to switch from one temporary (nonimmigrant) visa category to another while staying in the U.S. legally.
For example:
- B-2 tourist visa to F-1 student visa
- F-1 student visa to H-1B work visa
- J-1 exchange visa to a different work or study visa
If approved, you do not need to leave the country to activate the new visa status.
Who Can Apply for a Change of Status?
You may be eligible if:
- You entered the U.S. legally and your visa is still valid
- You have not violated the conditions of your current visa
- Your new purpose (school, job, etc.) fits a qualifying nonimmigrant category
You cannot apply if:
- You entered without inspection (illegally)
- You are in removal (deportation) proceedings
- Your current visa prohibits change of status (like some J-1 visas)
- Your period of authorized stay has expired
Common Change of Status Scenarios
| Current Visa | Desired Visa | Notes |
|---|---|---|
| B-2 (Tourist) | F-1 (Student) | Must not attend school until F-1 is approved |
| F-1 (Student) | H-1B (Worker) | Must maintain status until new work visa starts |
| J-1 (Exchange) | H-1B, F-1, etc. | May require J-1 waiver of 2-year home rule |
| H-1B (Worker) | F-2 (Dependent) | Possible if switching to dependent of spouse |
Step-by-Step Process in 2025
- Review Your Eligibility
- Confirm your current visa allows a change
- Check expiration date and stay in valid status
- File Form I-539 (or I-129 if employer-sponsored)
- I-539 is used for individual applications (e.g., tourist to student)
- I-129 is filed by employer for work visa changes
- Submit Supporting Documents
- Proof of status (I-94, current visa)
- Explanation letter or intent statement
- Evidence for new visa purpose (e.g., school acceptance, job offer)
- Wait for USCIS Decision
- You must remain in the U.S. during processing
- Do not begin new activities (study/work) until approved
Timelines and Processing in 2025
Processing times vary widely. As of 2025:
- I-539 average: 3 to 8 months
- I-129 for H-1B or other work visas: 2 to 6 months (or faster with premium processing)
Check USCIS case processing times: https://egov.uscis.gov/processing-times/
Risks and Things to Watch For
- No automatic approval: USCIS may deny your request without refund
- Travel voids the request: If you leave the U.S. while your application is pending, it is automatically canceled
- Bridging the gap: If your status expires while the new one is pending, you may stay—but cannot work or study without approval
- Misrepresentation risks: Changing status too soon after entering the U.S. can raise red flags
Can I Start Studying or Working Before It’s Approved?
No. You must wait until the change is approved to start activities related to the new visa type.
Example: If switching from B-2 to F-1, you cannot begin classes until the F-1 is officially approved by USCIS.
What If My Change of Status Is Denied?
If your application is denied:
- You must stop the intended activity (school/work)
- You may need to leave the U.S. immediately
- You may try applying for a visa at a U.S. embassy abroad instead
Helpful Tips
- File early (at least 45–60 days before your current visa expires)
- Use tracking tools to monitor your USCIS case
- Keep records of all forms and communications
- Work with a licensed immigration attorney for complex cases
Changing your visa type while in the U.S. can be a smooth process if done correctly. Understand the rules of your current visa, follow the official steps, and avoid risky behavior like early work or study. With preparation and timely filing, a change of status can help you transition legally to a new chapter in your U.S. immigration journey.