A guide to converting a US Visit Visa to a US student/work visa

"Can I convert a US visit visa or US tourist visa to a work/student visa?” is a question many who are planning a visit to the USA or are already in the USA on a visit visa will have in mind. It sounds like a stealthy question and so will it to DOS (Dept. Of State).

 

When you apply for a temporary visa like a US visit visa or a tourist visa, you would already have communicated to the US government that your true intention is to pay a brief visit to the USA. So, it needs to be a very strong and genuine reason for you to give to the US government for converting your tourist visa into a work or study visa. Often, this effort is scrutinized thoroughly and with suspicion by the DOS.

 

 

A change in status in this manner is in most cases will possibly be taken as a deliberate and preconceived intention on your part. In case it happens that your preconception is deemed misleading, it could lead to your being permanently barred from entering the USA.

 

 

What exactly is treated as conspicuous about your change of status?

 

A short-term visa like a US Visit Visa will have a validity of not more than 6 months. You know this when you apply for a visa and you communicate to the US consulate that you are visiting the country for a short period. You communicate the same at the US port of entry and with the interviewing officer.

 

So, if you apply for a change of status to a work/study visa from US Visit Visa within 90 days of entering the USA, the DOS finds that to be indicative of a presumption of misrepresentation. You will then have the heavy responsibility to prove that you didn’t make a misrepresentation of your true intention to travel to the USA when you got the visa or when interviewed at the port of entry.

 

 

And even if you applied for the change of status after 90 days, you may not be spared on the benefit of the doubt and you will need to explain your change of mind to the DOS.

 

 

So, having said all this, now let’s see how it’s possible for you to change your status from a visitor visa to a work/student visa.

 

 

Changing status from a B1/B2 visa to H1B/F1 visa

 

The B1/B2 visa is a non-immigrant visa with temporary validity that lets you travel to the USA for either tourism or business purposes. With this visa, you can travel to the USA to

 

• Conduct business to negotiate a contract or attend business meetings
• Settle a relative’s estate
• Attend a conference relevant to education, a profession, or current business endeavor
• Visit family
• Engage in tourist activities or go on a vacation
• Attend or take part in events viz. Classes or concerts, as long as no payment or credit is given to you as the attendee
• Receive medical treatment

 

 

You cannot do the following with this visa:

 

• Study
• Do paid performances or any professional performance in front of an audience that pays for the event
• Have long-term employment at a US firm
• Work as foreign press or work in film, print journalism, radio, or other information media
• Arrive as a crewmember on an aircraft or ship
• Obtain permanent residence in the USA

 

The F1 visa is a student visa issued by the US. It’s a non-immigrant visa that lets international students come to the USA and study at institutions certified by the SEVP (Student and Exchange Visitor Program).

 

 

Now, to change status from B1/B2 visa to H1B/F1 visa, you have to be knowledgeable about the 90-day Rule.

 

 

What’s the 90-day Rule?

 

The Rule states that if you are a temporary visa holder who changes your intention/reason to stay in the country through marriage or visa status change within 90 days of coming to the USA, it’s automatically presumed that you have misrepresented your original intentions.

 

With this rule in play, you must avoid any issues by presenting a convincing reason to the DOS.

 

 

If you are converting your B1/B2 visa to H1B, you should first find an employer who is ready to sponsor you for an H1B visa. The US employer can petition for you until April of the year that follows. This can be done during the H1B lottery process.

 

 

If you are converting your B1/B2 visa to an F1 visa, you must prove that your intention to change your visa status is genuine. You should also have met the following eligibility conditions while entering the US on a B1/B2 visa:

 

 

• You shouldn’t have committed any crime that would otherwise take away your eligibility
• You were lawfully admitted into the US on a non-immigrant visa, a B2 or a B1 visa
• You have been successful in keeping your status, and your visa status hasn't met its expiry as yet
• You are not deemed inadmissible into the USA under US law and have not been granted any waiver in inadmissibility

 

 

The forms and documents mentioned below are required to file an application for changing your visa status from “visitor” to “student”. They have to be filled out and mailed to USCIS.

 

 

• Form I-539 - Application for the extension/change of nonimmigrant status
• Form I-20 - Certificate of Eligibility for nonimmigrant student status
• Evidence of financial stability - Copies of tax returns, bank statements, and any sponsor’s financial status
• Proof that demonstrates that you have significant ties to your home
• Additional documents that show your original intent to go back to your home country when you did have a B1 visa.

 

 

In case your request for a visa status change is denied, you may have to go back to your home country and lodge a fresh request for an H1B or F1 visa.

 

 

If you are willing to migrate to US, talk to Y-Axis, the leading immigration and career consultant in the UAE.

 

 

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