Is it permissible to enroll in school while in B-1/B-2 status?
No, it is not. The regulations, at 8 CFR 214.2(b)(7), specifically prohibit a course of study in the United States while in B-1 or B-2 status. Before enrolling in a course of study, individuals who are in B-1 or B-2 status must first acquire F-1 (academic student) or M-1 (vocational student) status. Enrolling in a course of study while in B-1/B-2 status will result in a status violation. Individuals in B-1 or B-2 status, who have violated their nonimmigrant status by enrolling in a course of study, are not eligible to extend their B status or change to F-1 or M-1 status. These regulations provide no exceptions.
How can I obtain F-1 or status?
If you currently hold B-1 or B-2 nonimmigrant status and would like to enroll in a course of study, you may apply to change to either F-1 or M-1 student status if all of the below are true:
- You have not yet enrolled in classes;
- Your current status has not expired and you've been in the USA for 90 days;
- You have not worked in the United States without employment authorization.
To change your nonimmigrant status from B-1 or B-2 to F-1 or M-1, you must file a Form I-539, Application to Extend/Change Nonimmigrant Status and include the required fee and documents listed in the instructions.
If your F-1 program will be deferred to the following academic term or semester if a decision has not been made about your change of status.
Please Note:
If you enroll in a course of study before approval of your Form I-539 change of status application, you will be ineligible to change your nonimmigrant status from B 1 or B-2 to F-1.
If you apply to extend your B-1 or B-2 status and you have already enrolled in a course of study, your extension request will be denied because you will have violated your status.
If You Are Not Eligible to Change Your Status
If you are not eligible to change your nonimmigrant status to F-1 or M-1 while in the United States, you may apply for an F-1 or M 1 visa at a U.S. consulate. For information about consular processing, please visit the Department of State’s website at www.state.gov/travel. For information about the Student and Exchange Visitor Program (SEVP), please visit the SEVP website at www.ice.gov/sevis or the Study in the States website at https://studyinthestates.dhs.gov/.
We encourage all students and prospective students to work closely with their designated school official (DSO) to coordinate the timing of an application for change of status and enrolling in a course of study.