Special Instructions for B-1/B-2 Visitors Who Want to Enroll in School

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 study in the United States while in B-1 or B-2 status. 

Before enrolling in classes, 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 classes 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 classes, 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 M-1 status?

If you currently hold B-1 or B-2 nonimmigrant status and would like to enroll in classes, you may apply for a change of status to F-1 or M-1, as appropriate, if:

• You have not yet enrolled in classes
• Your current status has not expired
• You have not engaged in unauthorized employment 

To change your nonimmigrant status from B-1/B-2 to F-1 or M-1, you must file an Application to Extend/Change Nonimmigrant Status (Form I-539), and include the required fee and documents listed in the filing instructions. 

Please Note:

• If you enroll in classes before USCIS approves your Form I-539, you will be ineligible to change your nonimmigrant status from B to F or M.
• If you are applying to extend your B-1/B-2 stay and you have already enrolled in classes, USCIS cannot approve your B-1/B-2 extension because of the status violation.  

What if I am not eligible?

If you are not eligible to change your nonimmigrant status to F-1 or M-1, you may apply for an F-1 or M-1 visa at a consular post abroad.  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. 

We encourage all students and prospective students to work closely with their designated school official (DSO) to coordinate the timing of applying for change of status and enrolling in classes.  

Last updated:08/19/2010

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