US visa resources

Changing status or category

How to switch from one nonimmigrant category to another while staying inside the United States, using Form I-539 or an employer's Form I-129.

Official guidance Regularly updated

Important

This information is for general guidance only. Meeting the requirements does not guarantee your application will be approved.

A change of status lets you move from the nonimmigrant category you were admitted in to a different one without leaving the United States. For example, you might enter as a B-2 visitor and later apply to become an F-1 student, or move from student status to a work category. USCIS decides these requests, and the process is separate from the visa you may have used to enter the country. A US visa is only for travel and entry; the status you hold, and any change to it, is governed by USCIS from inside the country.

Which form you use depends on the category you want. Individuals applying on their own behalf (such as students, exchange visitors and most dependants) file Form I-539. Employment-based categories such as H-1B, L-1 and O generally require an employer to file Form I-129 requesting the change on your behalf. Filing is not the same as approval: you must not begin activities the new status allows, or let your current status lapse, before USCIS actually approves the request. Fees change over time, so always confirm current amounts on the official USCIS page for the relevant form.

When you can apply to change status

You may generally request a change of status if you were lawfully admitted as a nonimmigrant, your current status is still valid, you have not violated the terms of that status, and nothing about your record makes you ineligible for the benefit. Your I-94 admission record shows the date your authorized stay ends, and your application must be filed before that date.

Your Form I-94 must still be valid when you file, with an unexpired authorized stay
You must not have worked without permission or otherwise breached your current status
The decision is discretionary: USCIS weighs the full circumstances even when you meet the basic tests
Time spent waiting for a decision does not by itself count as unlawful presence if you filed on time

Which form to file

The form depends on the category you are moving into. You cannot mix the two routes: an employer-sponsored work category needs the employer's petition.

Form I-539 (Application to Extend/Change Nonimmigrant Status): filed by you for categories such as B, F, M, J and most dependants; can be filed online or by mail
Form I-129 (Petition for a Nonimmigrant Worker): filed by a US employer for work categories such as H-1B, L-1, O and P, and can request the change of status as part of the petition
H-1B has a registration step (registration fee $215 per beneficiary) and an annual cap of 65,000 plus 20,000 reserved for US master's degree holders
Confirm the exact filing fee on the USCIS page for the specific form and classification, as fees change

Categories that cannot change, or change only with limits

Not every category can switch to another from inside the United States. Some are excluded entirely, and others carry conditions.

Cannot use Form I-539 to change status: categories including C (transit), D (crew), K, S, and those admitted under the Visa Waiver Program (WT/WB) or transit without visa
J-1 exchange visitors subject to the two-year home-residence requirement must satisfy or waive it before changing
M-1 vocational students face limits on changing to F-1 or to most work categories
E and L principals use Form I-129, not I-539; check the specific category's rules before assuming a change is possible

Visitor to student: a common pitfall

Moving from B-2 visitor to F-1 or M-1 student is possible but tightly controlled. Because a visitor cannot enrol in a full course of study, you must not begin classes until USCIS approves the change. Starting your studies first is a status violation that can lead to a denial.

Do not enrol or begin a full course of study until the change to F-1 or M-1 is approved
Students and exchange visitors also pay the separate SEVIS I-901 fee, which is not part of the MRV visa fee
If a decision is still pending close to your program start date, contact your school's designated school official (DSO), as you may need to defer to a later term
Once approved, do not engage in employment (including on-campus work) more than 30 days before the program start date shown on your Form I-20

Timing, fees and processing

File early, well before your current stay expires, because a late filing can cause the request to be denied unless USCIS excuses the delay for reasons beyond your control. Government fees are set by USCIS and change periodically, and processing times vary widely by form, category and service centre.

File before your I-94 authorized stay ends; do not wait until the last day
Premium processing may be available for some I-129 categories for a faster decision; check current availability and fee on USCIS
Confirm current filing fees and processing times on the official USCIS page for your form, as figures shown elsewhere may be out of date
Leaving the United States while an I-539 change request is pending is generally treated as abandoning the application

Next steps

Official sources

For the most accurate and up-to-date information, always refer to the official government sources.

Verified against official sources · last reviewed 2026-08-20. Information only — not legal advice.