|
 
|
The Marzec Law Firm, accepts
referrals from other attorneys.
Click here.
|
MARZEC LAW FIRM, P.C.
(800) 260-0172
National Toll Free
212-267-0200
225 Broadway, Ste 3000
New York, NY 10007
663 Manhattan Avenue
Brooklyn, NY 11222
46 Passaic Street
Garfield, NJ 07026
1700 Sansom Street, 3rd Fl
Philadelphia, PA 19103
17 Riverside Avenue, PO Box 1279
Bristol, CT 06011
5130 W Belmont Avenue
Chicago, IL 60641
9777 Wilshire Blvd., Ste 1000
Beverly Hills, CA 90212
Map & Directions
| |
|
|
INFORMATION ON VISITING THE U.S.Business or Pleasure Visitors
Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay or an immigrant visa for permanent residence. The visitor visa is a nonimmigrant visa for persons desiring to enter the United States temporarily for business (B-1) or for pleasure or medical treatment (B-2). Persons planning to travel to the U.S. for a different purpose, such as students, temporary workers, crewmen, journalists, etc, must apply for a different visa in the appropriate category. Travelers from certain eligible countries may also be able to visit the U.S. without a visa, through the Visa Waiver Program. Read more about how to participate in the Visa Waiver Program on the U.S. Customs and Border Protection (CBP) website. More helpful information on the Visa Waiver program is found on the State Department Visa Services website.
Also, you may want to find out more about "How Do I Get Legally Admitted to the U.S." (or "How Will I be Inspected When I Come to a U.S. Port of Entry") on the CBP website.
Qualifying for a Visa
Applicants for visitor visas must show that they qualify under provisions of the Immigration and Nationality Act. The presumption in the law is that every visitor visa applicant is an intending immigrant. Therefore, applicants for visitor visas must overcome this presumption by demonstrating that:
The purpose of their trip is to enter the U.S. for business, pleasure, or medical treatment;
They plan to remain for a specific, limited period; and
They have a residence outside the U.S. as well as other binding ties which will insure their return abroad at the end of the visit.
Alien truck drivers may qualify for admission as B-1 visitors for business to pick up or deliver cargo traveling in the stream of international commerce. Please see How Do I Enter the United States as a Commercial Truck Driver for more information.
Passing through a U.S. Port of Entry
Applicants should be aware that a visa does not guarantee entry into the United States. Immigration authorities have the authority to deny admission, and determine the period for which the bearer of a visitor visa is authorized to remain in the United States.
At the port of entry, an Immigration official must authorize the traveler's admission to the U.S. At that time the Form I-94, Record of Arrival-Departure, which notes the length of stay permitted, is stamped. Those visitors who wish to stay beyond the time indicated on their Form I-94 must contact the USCIS to request Form I-539, Application to Extend Status. The decision to grant or deny a request for extension of stay is made solely by the USCIS.
Exchange Visitors
The Immigration and Nationality Act (INA) provides two nonimmigrant visa categories for persons to participate in exchange visitor programs in the United States. The "J" visa is for educational and cultural exchange programs designated by the Department of State, Bureau of Consular Affairs, and the "Q" visa is for international cultural exchange programs designated by the U.S. Citizenship and Immigration Services (USCIS).
The "J" exchange visitor program is designed to promote the interchange of persons, knowledge, and skills in the fields of education, arts, and sciences. Participants include students at all academic levels; trainees obtaining on-the-job training with firms, institutions, and agencies; teachers of primary, secondary, and specialized schools; professors coming to teach or do research at institutions of higher learning; research scholars; professional trainees in the medical and allied fields; and international visitors coming for the purpose of traveling, observing, consulting, conducting research, training, sharing, or demonstrating specialized knowledge or skills, or participating in organized people-to-people programs.
The "Q" international cultural exchange program is for the purpose of providing practical training and employment, and the sharing of the history, culture, and traditions of the participant's home country in the United States.
BACKGROUND REQUIREMENTS
Financial Resources
Participants in the "J"exchange visitor program must have sufficient funds to cover all expenses, or funds must be provided by the sponsoring organization in the form of a scholarship or other stipend. "Q" exchange visitors will be paid by their employing sponsor at the same rate paid to local domestic workers similarly employed.
Scholastic Preparation
"J" exchange visitors must have sufficient scholastic preparation to participate in the designated program, including knowledge of the English language, or the exchange program must be designed to accommodate non-English speaking participants. The "Q" exchange visitor must be at least 18 years old and be able to communicate effectively about the cultural attributes of his or her country.
Medical Education and Training
Exchange visitors coming under the "J" program for graduate medical education or training must meet certain special requirements. These requirements include passing the Foreign Medical Graduate Examination in Medical Sciences, demonstrating competency in English, being automatically subject to the two-year foreign residence requirement (after completion of their program), and being subject to time limits on the duration of their program. Physicians coming to the United States on exchange visitor programs for the purpose of observation, consultation, teaching, or conducting research in which there is little or no patient care are not subject to the above requirements.
Forms/Petitions
Participants in the "J" program must present a Form DS-2019 Certificate of Eligibility for Exchange Visitor (J-1) Status prepared by a designated sponsoring organization. (Forms DS-2019 are issued by the Department of State, and not by USCIS. Please see the Cultural Exchange website of the Department of State for more information.)
Participants in the "Q" program must have the designated sponsoring organization file Form I-129, Petition for Nonimmigrant Worker, with the U.S. Citizenship and Immigration Services (USCIS). For more details on how to file for a Q petition, please see the Temporary Workers section.
Admission through a U.S. Port of Entry
Applicants should be aware that a visa does not guarantee entry into the United States. The U.S. Customs and Border Protection (CBP) has authority to deny admission. Also, the CBP, not the Department of State Consular Officer, determines the period for which the bearer of an exchange visitor visa is authorized to stay in the United States. At the port of entry, a CBP official stamps and endorses Form I-94, Record of Arrival-Departure, specifying the period of time that the alien is authorized to stay in the United States.
For information on Visa Application Procedures and other related information about exchange visitors, please visit the Visa Services Website of the Department of State. More specific information can be found at the Department of State Exchange Visitor (J) Visas Website.
Student and Exchange Visitors Program (SEVP)
Also see Sec. 641 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996 (Pub. L. 104-208). Section 641 of IIRIRA is one of the catalysts behind a new interagency initiative, the Student and Exchange Visitors Program (SEVP). SEVP is designed to improve processes for foreign students and exchange visitors holding F, J and M visas, and schools, colleges and other organizations sponsoring programs for these visa holders.
SEVP will facilitate and automate several processes affecting exchange visitors, such as:
Visa issuance
admissions to the U.S.;
benefit requests; and
information reporting.
How Do I Apply for Health Care Worker Certification?
What is a Health Care Worker Certification?
A health care worker certification identifies and documents that a foreign health care worker has met minimum requirements for training, licensure, and English proficiency in order to be able to fulfill their professional role as a(n):
Licensed practical nurse, licensed vocational nurse, or registered nurse
Occupational therapist
Physical therapist
Speech language pathologist and audiologist
Medical technologist (clinical laboratory scientist)
Physician assistant
Medical technician (clinical laboratory technician)
Who Must Obtain a Health Care Worker Certification?
Any non-U.S. citizen coming to the United States for employment as a health care worker (other than a physician) cannot be admitted unless he or she presents a certificate from either the Commission on Graduates of Foreign Nursing Schools (CGFNS) or a certificate of equal standing from an organization with equivalent credentials. These requirements apply to both immigrant and nonimmigrant applicants. Regarding visa classification, nonimmigrant health care workers will most likely be in H-1C, H-1B, J, O, or TN non-immigrant categories. Any non-immigrants coming to receive training in a health care occupation will not be required to obtain certification. Such health care workers will most likely be in F-1, J-1 (aliens coming to undertake a training program in a medical field) and H-3 nonimmigrant classifications. Please note that each of these visa classifications has additional requirements. Please go to our Nonimmigrant Visa or our Immigrant Visa Classification pages for more information on visa categories.
Are Nonimmigrants Subject to the Health Care Worker Certification Requirements?
Yes, as of July 26, 2004, if a nonimmigrant is seeking to be admitted to the United States, is changing status, and/or is requesting an extension of stay, he or she must provide evidence of health care worker certification if the primary purpose for coming to or remaining in the United States is employment in one of the affected health care occupations. Previously, under section 212(d)(3) of the Act, the CIS and the Department of State waived Health Care Worker certification requirements for nonimmigrants, while requiring it for immigrants. After careful consideration of the statute and legislative history, it has been determined that nonimmigrants are also subject to the certification requirements.
Which Organizations Are Currently Authorized to Issue Health Care Worker Certificates?
The following organizations are authorized to issue certificates for the following health care occupations:
The Commission on Graduates of Foreign Nursing Schools (CGFNS) is authorized to issue certificates to all 7 health care occupations.
The National Board for Certification in Occupational Therapy is authorized to issue certificates for occupational therapists.
The Foreign Credentialing Commission on Physical Therapy is authorized to issue certificates for physical therapists.
Which English Language Testing Organizations Are Approved for Purposes of Health Care Worker Certification?
Every alien must meet certain English language requirements in order to obtain a certificate unless otherwise exempted. The following testing services had been approved:
Educational Testing Service (ETS)
Test of English in International Communication (TOEIC)
International English Language Testing System (IELTS)
What are the Acceptable English Language Test Scores for Health Care Worker Certification?
The statute gives the Secretary of Health and Human Services the sole discretion to determine the minimum scores required for a Health Care Worker Certification.
Occupational and physical therapists. An alien seeking to perform labor in the United States as an occupational or physical therapist must obtain the following scores on the English tests:
ETS: Test Of English as a Foreign Language (TOEFL): Paper-Based 560, Computer-Based 220; Test of Written English (TWE): 4.5; Test of Spoken English (TSE): 50.
Important: The certifying organizations shall not accept the results of the TOEIC, or the IELTS for the occupations of occupational therapy or physical therapy.
Registered nurses and other health care workers requiring the attainment of a baccalaureate degree. An alien coming to the United States to perform labor as a registered nurse (other than a nurse presenting a certified statement under section 212(r) of the Act) or to perform labor in another health care occupation requiring a baccalaureate degree (other than occupational or physical therapy) must obtain one of the following combinations of scores to obtain a certificate:
ETS: TOEFL: Paper-Based 540, Computer-Based 207; TWE: 4.0; TSE: 50;
TOEIC Service International: TOEIC: 725; plus TWE: 4.0 and TSE: 50; or
IELTS: 6.5 overall with a spoken band score of 7.0. This would require the Academic module.
Occupations requiring less than a baccalaureate degree. An alien coming to the United States to perform labor in a health care occupation that does not require a baccalaureate degree must obtain one of the following combinations of scores to obtain a certificate:
ETS: TOEFL: Paper-Based 530, Computer-Based 197; TWE: 4.0; TSE: 50;
TOEIC Service International: TOEIC: 700; plus TWE 4.0 and TSE: 50; or
IELTS: 6.0 overall with a spoken band score of 7.0. This would allow either the Academic or the General module.
Questions and Answers about Exemptions for Certain Health Care Workers
Q: Are foreign health care workers - trained in the United States or in possession of a valid state license - subject to the health care certification requirement?
A: Yes. While Congress provided certain nurses with a less rigorous, alternative certification process, it did not provide a less rigorous alternative certification option to state-licensed foreign health care workers. Possession of a state license does not exempt a foreign health care worker from compliance with the certification requirement. Similarly, health care workers who have been trained in the United States are not exempt from the certification requirement.
Q: Are there any accommodations for foreign health care workers who have been trained in the United States?
A: Yes. Foreign health care workers may be automatically deemed to have met the English language and/or educational comparability requirements if they have graduated from certain programs or from programs in certain countries. The following groups may be deemed to have met the English language requirements:
Graduates of health professional programs in Australia, Canada (except Quebec), Ireland, New Zealand, the United Kingdom, and the United States.
Alien nurses who are presenting the alternate certified statement under section 212(r) of the Act.
For nurses, graduation from an entry-level program accredited by the National League for Nursing Accreditation Commission (NLNAC) or the Commission on Collegiate Nursing Education (CCNE);
For occupational therapists, graduation from a program accredited by the Accreditation Council for Occupational Therapy Education (ACOTE) of the American Occupational Therapy Association (AOTA);
For physical therapists, graduation from a program accredited by the Commission on Accreditation in Physical Therapy Education (CAPTE) of the American Physical Therapy Association (APTA); and
For speech language pathologists and audiologists, graduation from a program accredited by the Council on Academic Accreditation in Audiology and Speech Language Pathology (CAA) of the American Speech-Language-Hearing Association (ASHA).
The following groups may be deemed to have met the educational comparability requirements:
For nurses, graduation from an entry-level program accredited by the National League for Nursing Accreditation Commission (NLNAC) or the Commission on Collegiate Nursing Education (CCNE);
For occupational therapists, graduation from a program accredited by the Accreditation Council for Occupational Therapy Education (ACOTE) of the American Occupational Therapy Association (AOTA);
For physical therapists, graduation from a program accredited by the Commission on Accreditation in Physical Therapy Education (CAPTE) of the American Physical Therapy Association (APTA); and
For speech language pathologists and audiologists, graduation from a program accredited by the Council on Academic Accreditation in Audiology and Speech Language Pathology (CAA) of the American Speech-Language-Hearing Association (ASHA).
Q: Are dependents subject to the health care worker certification requirement?
A: No. For example, if you are here as an L-2 nonimmigrant, your primary purpose for entering the United States is to join your spouse. Since an L-2 nonimmigrant spouse is authorized employment, you may engage in employment as a health care worker without obtaining the certification. This will also apply to other dependents who are accompanying a principal alien and who are employment authorized within their dependent status.
Issuing Health Care Worker Certificates
How does an organization apply for authorization to issue health care worker certificates? As of September 23, 2003, organizations must apply for authorization to issue health care worker certificates by filing CIS Form I-905 (Application for Authorization to issue Health Care Worker Certificates). Form I-905 is available online and at your local Field Office.
What kind of information does an organization need to provide to the CIS in order to obtain authorization to issue the certificates? The instructions to the Form I-905 list the kind of information that must be provided in support of the Form I-905. That information is also contained at 8 CFR 212.15(k). In general, the organization must demonstrate that it meets four guiding principles:
The organization is independent and free of material conflicts of interest regarding whether an alien receives a visa;
The organization has an ability to evaluate both the foreign credentials appropriate for the profession, and the results of examinations for proficiency in the English language appropriate for the health care field in which the alien will be engaged;
The organization can maintain comprehensive and current information on foreign educational institutions, ministries of health, and foreign health care licensing jurisdictions; and
If the health care field is one for which a majority of the states require a predictor examination (currently, this is done only for nursing), the organization should demonstrate an ability to conduct the examination outside the United States.
How long may an organization be authorized to issue health care worker certificates?
Authorization to issue health care worker certificates will be good for a period of 5 years from the date of approval. An organization must renew its authorization to issue certificates by filing a new application, with fee, for Form I-905.
Can an organization appeal?
If your petition is denied, the denial letter will tell you how to appeal. Generally, you may file a Notice of Appeal along with the required fee with the office that issued the denial letter within 33 days of receiving the denial. Once the fee is collected and the form is processed, the appeal will be referred to the Administrative Appeals Office (AAO) in Washington, D.C. Sending the appeal directly to the AAO will delay the process and may result in an untimely filing of the appeal. For more information, see How Do I Appeal?. Please see CIS offices for more information..
Where Can an Employer File a Petition?
An employer who is seeking authorization to employ a health care worker should file Form I-129, Petition for Nonimmigrant Worker, or Form I-140, Petition for Immigrant Worker, with the USCIS service center that serves the area where they are located. Please see our USCIS field office home page for more information on USCIS office locations. Forms and USCIS' guide to nonimmigrant and immigrant worker petitions are available by calling 1-800-870-3676, or by submitting a request through our forms by mail system.
How Does an Employer Find out the Status of a Petition?
If you are the petitioning employer, contact the USCIS Service Center that received your Form I-129 or Form I-140. You should be prepared to provide the USCIS staff with specific information about the petition. Please see finding the status of your application for additional information.
Where Can I Find the Law?
The complete requirements for health care worker certification can be found in the Immigration and Nationality Act (Act) at section 212 (a)(5)(C). The alternative requirements for nurses are at section 212 (r) of the Act. The specific eligibility requirements and procedures for applying for health care worker certification are included in the Code of Federal Regulations [CFR] at 8 CFR §212.15.
How Do I Apply for Work Authorization?
Q. I came in with a student visa and have been studying here in the U.S. How can I apply for work authorization?
A. You should discuss employment with the Designated School Official (usually the foreign student advisor) at your school. Also, please see the information specific to the type of student visa you possess (academic or vocational) on the appropriate web site. Vocational students should see How do I become a vocational student in the U.S.? and Academic students should see How do I become an academic student in the U.S.?
How Do I Apply to Qualify My School for Foreign Student Attendance?
If you are a Designated School Official or other School Representative, you should become familiar with several topics that pertain to foreign students.
These topics include:
- How you can obtain authorization to accept a foreign student at your institution
- Your responsibilities, if you recommend or authorize employment for a foreign student who is attending your school
- Your responsibility to report a foreign student who fails to enroll or drops out of your institution
- How a foreign student can transfer from one school to another.
For information about these and other related topics, you can call the United States Immigration and Customs Enforcement's Student & Exchange Visitor Information System (SEVIS) program at telephone number 202-305-2346. In the upper right corner of this page under "Related Links," we've provided you the link to the SEVIS website for any additional information you may need.
How Do I Become A Vocational Student In The United States?
Who is Allowed to Study in the United States?
A nonimmigrant is someone who temporarily comes to the United States for a specific purpose. People who wish to pursue full-time academic or vocational studies are usually admitted to the United States in one of two nonimmigrant categories. The M-1 category includes students in vocational or other nonacademic programs, other than language training. The F-1 category includes academic students and students in language training programs. For more information on academic studies in the United States, please see How Do I Get Become an Academic Student in the United States?. If you are planning to study in the United States as an exchange visitor, please see the Department of State, Bureau of Consular Affairs and the Department of State Websites, as well as the Code of Federal Regulations [CFR] at 8 CFR 214.2, 212.7 and 22 CFR 514.
What Does the Law Say?
The Immigration and Nationality Act (INA) governs the admission of all people to the United States. For the part of this law concerning temporary admissions to the United States, please see INA § 214. The specific eligibility requirements and procedures for applying for vocational student status are included in the Code of Federal Regulations [CFR] at 8 CFR § 214.2(m).
How Do I Apply if I am Outside of the United States?
You first must apply to study at a USCIS-approved school in the United States. When you contact a school that you are interested in attending, you should be told immediately if the school accepts foreign national students. If you are accepted, the school should send you USCIS Form I-20 M-N/ID (Certificate of Eligibility for Nonimmigrant (M-1) Student Status - For Vocational Students). If you require a visa, then you should take the USCIS Form I-20 to the nearest U.S. consulate to obtain a student visa. Only bring the USCIS Form I-20 from the school you plan on attending for visa processing at the U.S. consulate. You must also prove to the consulate that you have the financial resources required for your education and stay in the United States. Please see the State Department Website for more information on visa processing.
When you arrive in the United States, you should receive a Form I-94 (Arrival-Departure Record) that will include your admission number to the United States. An Immigration inspector will write this admission number on your Form I-20 M-N/ID. The Inspector will then take pages one and two of this form, known as I-20 M-N. The USCIS will receive the first page (I-20M) and your school will receive the second page (I-20 N) as a record of your legal admission to the United States. You are expected to keep pages three and four, known as the I-20 ID. This document is your proof that you are allowed to study at the indicated institution in the United States. You should see a school representative if you need a replacement copy of your I-20 ID. You should also keep safe your Form I-94, because it proves that you legally entered the United States. If you need a replacement copy of your Form I-94, please see How Do I Get an Arrival-Departure Record?.
How Can I Change My Nonimmigrant Status to Become a Student if I Am Already in the United States?
You first must apply to study at a USCIS-approved school in the United States. When you contact a school that you are interested in attending, you should be told immediately if the school accepts foreign national students. If you are accepted, the school should send you USCIS Form I-20 M-N/ID (Certificate of Eligibility for Nonimmigrant (M-1) Student Status - For Vocational Students). You must submit this form, your I-94 (Arrival-Departure Record), and a completed USCIS Form I-539 (Application to Extend/Change Nonimmigrant Status) to the USCIS. You must also prove that you have the financial resources required for your education and stay in the United States. For more information, please see How Do I Get Permission to Change to a New Nonimmigrant Status?
How Do I Apply for Permission to Transfer Schools?
You must file USCIS Form I-539 (Application to Extend/Change Nonimmigrant Status) with the USCIS. You should also submit your current USCIS Form I-20 ID (Certificate of Eligibility for Nonimmigrant (M-1) Student Status - For Vocational Students), a complete USCIS Form I-20 M-N/ID from your new school, and the Form I-94 (Arrival-Departure Documents) of your spouse and children. You may transfer sixty days after filing this application. However, if your application is denied after you transfer, you will be considered to be out of status. This means you may be required to leave the country.
Please note: To be eligible to transfer to another school, you must currently be a full-time student, and you must intend to be a full-time student at the new school. You must also prove that you have the financial resources required for your education and stay in the United States. In addition, you may only transfer to another school within the first six months from the date you were admitted to the United States to begin your studies or from the date you changed your nonimmigrant status to become an M-1 student. You are not allowed to change your educational objective.
Can I Bring My Spouse and Children with Me to the United States?
Your spouse and unmarried children under 21 years of age may come with you to the United States in M-2 nonimmigrant status. They should go with you to the U.S. embassy or consulate when you apply for your student (M-1) visa. They should be prepared to prove their relationship to you. If your spouse or children are following to join you at a later date, they should provide the U.S. embassy staff with a copy of your USCIS Form I-20 ID and proof of their relationship to you. The M-2 status of your family will be dependent upon your status as the M-1 vocational student. This means that if you change your status, your family must change their status as well. If you lose your status, your family will also lose their status. (For more information on changing status, please see How Do I Get Permission to Change to a New Nonimmigrant Status?
How Long Can I Stay in the United States?
You are allowed to stay in the United States for one year or for as long as you are enrolled as a full-time student in a vocational program (plus thirty days to prepare to leave the country), whichever is shorter. You should be allowed to stay in the United States 30 days beyond the departure date on your Form I-94 (Arrival-Departure Record) and USCIS Form I-20 ID (Certificate of Eligibility for Nonimmigrant (M-1) Student Status - For Vocational Students), as long as your stay does not exceed one year.
You may also apply to stay in the country after the completion of your studies to pursue practical training. If approved, you will be allowed to have one month of practical training for every four months of study you completed. You will be limited to six months total practical training time. Your designated school official (DSO) is able to assist you in the application process.
How Can I Extend My Stay as a Student in the United States?
You should apply to extend your stay in the United States if your studies will take longer than the date listed on your I-20 ID or your vocational program lasts longer than a year. You should complete USCIS Form I-539 (Application to Extend/Change Nonimmigrant Status) and send it to USCIS at least 15 (but not more than 60) days before your authorized stay in the country expires. You should also submit your USCIS Form I-20 ID to the USCIS at the same time. For more information, please see How Do I Extend My Stay in the United States?.
Will I Be Able to Work?
You and your spouse and children may not accept employment. However, you may apply for practical training after you complete your studies. If approved, you will be allowed to have one month of practical training for every four months of study you have completed. You will be limited to six months total practical training time.
You must also submit USCIS Form I-765 (Application for Employment Authorization), and your I-20 ID, signed by the designated school official (DSO). You should send your application to USCIS no more than 60 days before your student status expires and no later than 30 days after your studies are completed. For more information, please see the rules about practical training at 8 CFR § 214.2(m). You may also wish to discuss practical training with the appropriate officials at your school.
Can I Travel Outside of the United States?
Students may leave the United States and be readmitted after temporary absences. When making your travel plans, please remember that you must be a full-time student to keep your M-1 student status. Upon your return to the United States, you should provide immigration inspectors with:
A valid passport.
A valid M-1 entry visa stamped in the passport (if necessary).
A current USCIS Form I-20 ID signed by your designated school official (you should have the designated school official sign your USCIS Form I-20 each time you wish to temporarily travel outside the United States).
A new USCIS Form I-20 M-N/ID if there have been any substantive changes in your course of study or place of study.
Proof of your financial support.
How Can I Get USCIS Forms?
Your should be able to pick up immigration-related forms from your designated school official (DSO). Only your designated school official (DSO) can give you a USCIS Form I-20 (Certificate of Eligibility for Nonimmigrant (F-1) Student Status - for Vocational Students). If you need other immigration forms, you may download them from the Immigration Forms tab at the top of this page, call 1-800-870-3676, or submit a request through our forms by mail system.
Can Anyone Help Me?
Your school will have a designated school official (DSO) to help you with immigration issues. Please note that you (the M-1 student) are solely responsible for following U.S. immigration laws.
How Do I Become a K-Nonimmigrant as the Spouse or Child of a U.S. Citizen? (K-3 and K-4 Visa Classifications)
Background
The Legal Immigration Family Equity Act and its amendments (LIFE Act) established a new nonimmigrant category within the immigration law that allows the spouse or child of a U.S. citizen to be admitted to the United States in a nonimmigrant category. The admission allows the spouse or child to complete processing for permanent residence while in the United States. It also allows those admitted in the new category to have permission for employment while they await processing of their case to permanent resident status.
Where Can I Find the Law?
The Immigration and Nationality Act is a law that governs immigration to the United States. For the part of the law concerning K-3/4 nonimmigrants and their process of applying for permanent residence status, please see INA § 214 (nonimmigrant status); and, § 204 and § 245 (immigration petition and adjustment of status). The specific eligibility requirements and procedures for qualifying as a K-3/4, obtaining that status and applying for permanent residence are included in the Code of Federal Regulations [CFR] at 8 CFR § 214, 204, and 245.
Who is Eligible?
A person may receive a K-3 visa if :
The person has concluded a valid marriage with a citizen of the United States;
The person has a relative petition (Form I-130) filed by the U.S. citizen spouse for the person;
seeks to enter the United States to await the approval of the petition and subsequent lawful permanent resident status, and,
has an approved Form I-129F, Petition for Alien Fiance, forwarded to the American consulate abroad where the alien wishes to apply for the K-3/K-4 visa. The consulate must be in the country in which the marriage to the U.S. citizen took place if the United States has a consulate which issues immigrant visas in that country. If the marriage took place in the United States, the designated consulate is the one with jurisdiction over the current residence of the alien spouse,
A person may receive a K-4 visa, if that person is under 21 years of age and is the unmarried child of an alien eligible to be a K-3.
How Do I Apply?
So that the alien spouse and child may apply for a K-3 nonimmigrant visa for a spouse and a K-4 nonimmigrant visa for a child, the citizen must file Form I-130 on behalf of the alien spouse with the applicable Service Center having jurisdiction over the citizen’s place of residence. The citizen petitioner will then receive a Form I-797, Notice of Action, indicating that the I-130 has been received by the USCIS. The citizen should then file a copy of this I-797, along with a Form I-129F on behalf of the alien spouse and any children, to the following address:
U.S. Citizenship and Immigration Services
P.O. Box 7218
Chicago, IL 60680-7218
Petitioners should be careful to follow all instructions on each form and provide the Service with all necessary documentation. Following adjudication of the Form I-129F, the petition will be forwarded to the applicable consulate so that the alien beneficiary or beneficiaries may apply to the Department of State for nonimmigrant K-3/K-4 visas.
Will I Get a Work Permit?
Persons in K-3 or K-4 status and applicants for adjustment to permanent resident status from K-3 or K-4 are eligible to apply for a work permit while their cases (Form I-130 or Form I-485) are pending. You should use USCIS Form I-765 (Application for Employment Authorization) to apply for a work permit. If you are in K-3/K-4 status, you must submit the application by mailing a Form I-765 along with the $100 application fee to:
U.S. Citizenship and Immigration Services
P.O. Box 7218
Chicago, IL 60680-7218
You do not need to apply for a work permit once you adjust to permanent resident status. As a lawful permanent resident, you should receive a permanent resident card that will prove that you have a right to live and work in the United States permanently. Please see "How Do I Get a Work Permit?" for more information.
Can I Travel Outside the United States?
If you are in K-3 or K-4 status, you may travel using your unexpired K-3/K-4 nonimmigrant visa to travel outside of the United States and return, even if you are applying for adjustment of status simultaneously.
How Can I Check the Status of My Application?
Please contact the USCIS office that received your application. You should be prepared to provide the USCIS staff with specific information about your application.
How Do I Become a V-Nonimmigrant as the Spouse or Child of a U.S. Permanent Resident? (V-1, V-2 and V-3 Visa Classifications)
Background
The Legal Immigration Family Equity Act and its amendments (LIFE Act) established a new nonimmigrant category (V) within the immigration law that allows the spouse or child of a U.S. Lawful Permanent Resident to live and work in the United States in a nonimmigrant category. The spouse or child can remain in the United States while they wait until they are able to apply for lawful permanent residence status (Adjusting Status), or for an immigrant visa, instead of having to wait outside the United States as the law previously required.
Where Can I Find the Law?
The Immigration and Nationality Act is a law that governs immigration to the United States. For the part of the law concerning V nonimmigrant status and the process of applying for permanent residence status, please see INA §§ 101(a)(15) and 214(o) (V nonimmigrant status); § 248 (change of status); and § 245 (immigration petition and adjustment of status). The specific eligibility requirements and procedures for qualifying as a V nonimmigrant, obtaining that status and applying for permanent residence are included in the Code of Federal Regulations [CFR] at 8 CFR § 214.15, 248, and 245.
Who is Eligible?
A person may apply at a U.S. consulate abroad for a V-1 or V-2 visa or seek V-1 or V-2 nonimmigrant status while in the United States, if:
The person is lawfully married to a Lawful Permanent Resident of the United States (V-1), or is the unmarried child (under the age of 21) of a Lawful Permanent Resident (V-2);
The person is the principal beneficiary of a relative petition (Form I-130) that was filed by the Lawful Permanent Resident spouse/parent on or before December 21, 2000;
The person has been waiting at least 3 years since the petition was filed for status as a Lawful Permanent Resident because the petition is still pending, or has been approved
But:
An immigrant visa is not yet available;
Or,
There is a pending application to adjust status or application for an immigrant visa.
The derivative child of a V-1 or V-2 nonimmigrant is eligible for a V-3 visa or for V-3 status.
How Do I Apply?
If outside of the United States, you should contact the U.S. State Department consular office or embassy to apply for a visa.
If inside the United States, you must file the Form I-539, Application to Change Nonimmigrant Status, and Supplement A, and pay the application fee, or request a waiver of the application fee. All aliens 14 to 79 years of age who are filing Form I-539 to obtain V nonimmigrant status must submit a service fee for fingerprinting with their application. In addition to the instructions listed on the Form I-539, all aliens applying for V nonimmigrant status must follow the supplemental instructions found on Supplement A to Form I-539. Applicants must also undergo a medical examination and submit Form I-693, Medical Examination of Aliens Seeking Adjustment of Status, without the vaccination supplement.
Applications should be submitted to:
U.S. Citizenship and Immigration Services
P.O. Box 7216
Chicago, IL 60680-7216
Will I Get a Work Permit?
Persons in V-1, V-2, or V-3 status are eligible to apply for a work permit. You should use USCIS Form I-765 (Application for Employment Authorization) to apply for a work permit. Applicants should use the code “(a)(15)” as the answer to question 16 on Form I-765.
Submit the application by mailing a Form I-765 along with the application fee to:
U.S. Citizenship and Services
P.O. Box 7216
Chicago, IL 60680-7216
Can I Travel Outside the United States?
If you obtain a V nonimmigrant visa from a consular office abroad, you may be inspected and admitted to the United States in V nonimmigrant status after traveling abroad as long as you continue to possess a valid, unexpired V visa and remain eligible for V nonimmigrant status.
When you are granted V nonimmigrant status in the United States by the USCIS, you will need to obtain a V visa from a consular office abroad in order to be inspected and admitted to the United States as a V nonimmigrant after traveling abroad. (You will not need to apply for a V visa abroad in order to be admitted if you have traveled to contiguous territories or adjacent islands, have another (different category) valid visa, and are eligible for automatic revalidation.) Procedures for obtaining a V nonimmigrant visa abroad are found in the Department of State regulations at 22 CFR 41.86 (66 FR 19390, April 16, 2001). In addition, you must remain eligible for admission in V nonimmigrant status.
A V nonimmigrant with a pending Form I-485, Application to Register Permanent Residence or Adjust Status, does not need to obtain advance parole prior to traveling abroad. This means that an alien in V nonimmigrant status may be readmitted as a nonimmigrant despite the fact that he or she is an intending immigrant with a filed application for adjustment of status or an immigrant visa. The departure of a V nonimmigrants with a, pending applications for adjustment of status is not considered to have abandoned the adjustment application upon departure.
Important Note:
If you have accrued more than 180 days of unlawful presence in the United States (or 365 days), then travel abroad and are admitted or readmitted as a V nonimmigrant, you have triggered a 3- or 10-year bar to admission. The law exempts V nonimmigrants from the 3- (or 10-) year bar for purposes of admission to the United States as a V nonimmigrant but does not exempt them from the bar when they later apply for an immigrant visa or for adjustment to LPR status. That means that although you will be admitted or readmitted to the United States in V status, you may be unable to adjust status to LPR unless an individual waiver for that ground of inadmissibility is granted. To the extent that you may be eligible, you may apply for the waivers found at section 212(g), (h), (i), and (a)(9)(B)(v) of the Act.
How Can I Check the Status of My Application?
Please contact the USCIS office that received your application. You should be prepared to provide the USCIS staff with specific information about your application. Please click here for complete instructions on checking the status of your application. Please click here for more information on USCIS offices.
How Can I Appeal?
There is no appeal from a decision on Form I-539 denying V status.
How Do I Get A Waiver Of The Foreign Residence Requirement If I Am An Exchange Visitor?
What is the Foreign Residence Requirement?
A nonimmigrant temporarily enters the United States for a specific purpose. Exchange visitors are nonimmigrants (J-1 status) who participate in the Exchange Visitor Program. This program, which is administered by the Bureau of Consular Affairs, seeks to promote peaceful relations and mutual understanding with other countries through educational and cultural exchange programs. Accordingly, many exchange visitors entering the United States are subject to a requirement that they return to their home country to share with their countrymen the knowledge, experience and impressions gained during their stay in the United States. Unless USCIS approves a waiver for this requirement, exchange visitors must depart from the United States and live in their country of residence for two years before they are allowed to apply for an immigrant visa, permanent residence, or change to a new nonimmigrant status.
Where Can I Find the Law?
The Immigration and Nationality Act is a law that governs the admission of all foreign nationals to the United States. For the part of the law about the foreign residence requirement, please see INA § 212e and INA § 214. The Code of Federal Regulations [CFR] discusses the foreign residence requirement for exchange visitors at 8 CFR § 212.7 and 22 CFR § 514.
Who is Subject to the Foreign Residence Requirement?
You are subject to the foreign residence requirement if you are a (J-1 visa status) participant in the Exchange Visitor Program and:
Any part of your participation in the exchange program was paid for, directly or indirectly, by your government or the United States Government. Your program sponsor should have noted on your DS-2019 (previously the IAP-66) (Certificate of Eligibility for Exchange Visitor Status) if your program was paid for directly or indirectly by your government or the United States Government. You can also discuss this issue with officials from the Bureau of Consular Affairs.
You are from a country which has been designated by Bureau of Consular Affairs as requiring your skills (please see the Exchange Visitor Skill List for more information); or
You arrived in the United States on or after January 10, 1977 to obtain graduate medical education or training.
If you fall into one of the above categories, your dependent spouse and child are also subject to the foreign residence requirement.
Who is Eligible to Apply for a Waiver?
You may be eligible to apply for a waiver for the foreign residence requirement if:
You have a U.S. citizen or lawful permanent resident spouse or child and you can provide evidence that returning to your country would impose exceptional hardship on your spouse or child.
You cannot return to your country because you would be subject to persecution because of your race, religion, or political opinion.
A U.S. government agency requests a waiver directly from the Bureau of Consular Affairs for you because you are engaged in a project of official interest to the agency.
Your country provides a written statement to the director of the Bureau of Consular Affairs stating that your country has no objection to a waiver. (If you came to the United States as an exchange visitor to receive graduate medical education or training, you are ineligible to receive a waiver on this ground.)
An interested Federal agency, any State Department of Public Health or its equivalent sponsors you to work full-time for three years as a nonimmigrant H-1B status (temporary worker in specialty occupation) physician in a geographic area designated as having a shortage of health care professionals. Waiver applicants sponsored by the Department of Veterans Affairs are not required to practice medicine in an area designated as having a shortage of health care professionals. If you are granted the waiver, you must agree to begin your employment within 90 days of receiving the waiver. The request of the interested State or Federal agency is submitted to the director of the Bureau of Consular Affairs.
How Do I Apply?
If you fall under the first two categories above, you must file a USCIS Form I-612 (Application for Waiver of the Foreign Residence Requirement) by mail with the USCIS office that serves that area where you live. Please read the entire application carefully and submit the right documents, photos, and fee. Forms are available by calling 1-800-870-3676, or by submitting a request through our forms by mail system. For further information on filing fees, please see USCIS filing fees, fee waiver request procedures, and the USCIS fee waiver policy memo. Please see our USCIS Field Offices Homepage for more information on USCIS office locations.
If your government, a U.S. government agency, or a U.S. state is applying for a waiver for you, the government body should apply directly to the Bureau of Consular Affairs for the waiver. The USCIS and the Bureau of Consular Affairs will consider your case, and notify you of their decision. For further information on application for waivers, go to the Department of State Bureau of Consular Affairs Website on this subject.
How Can I Check the Status of My Application?
To check the status of your application, please contact the USCIS office that received your application. You should be prepared to provide the USCIS staff with specific information about your application. Please click here for complete instructions on checking the status of your application.
How Can I Appeal?
If your application is denied by the Bureau of Consular Affairs or the USCIS, you will receive a letter that will tell you why the application was denied. You will also be told whether you have a right to appeal this decision and how you should appeal. For more general information on appealing USCIS decisions, please see How Do I Appeal the Denial of Petition or Application?
How Do I Get Permission to Change to a New Nonimmigrant Status?
Why Do You Need to Ask to Change to a New Nonimmigrant Category?
A nonimmigrant temporarily enters the United States for a specific purpose such as business, study, temporary employment or pleasure. When you are admitted into the United States, a U.S. official will assign you a nonimmigrant category according to the purpose of your visit. If you want to change the purpose of your visit while you are in the United States, then you or, in some cases, your employer must ask the U.S. Citizenship and Immigration Services to change your nonimmigrant status. For instance, if you arrived here as a tourist, but want to become a student, you must submit an application to change your status with the USCIS. If you do not apply to change your nonimmigrant status, you will be breaking U.S. immigration laws. Proof that you are willing to obey U.S. laws may be important if you want to travel to the United States as an immigrant or nonimmigrant in the future. You may also become subject to removal (deportation) if you break U.S. immigration laws.
Where Can I Find the Law?
The Immigration and Nationality Act (INA) governs the admission of all people to the United States. For the part of the law concerning changing nonimmigrant status, please see INA § 248. The applicable regulations are found in the Code of Federal Regulations (CFR) at 8 CFR § 248.
Who is Eligible?
To find out who may apply to change nonimmigrant status, please see eligibility information: Who May Apply to Change to a New Nonimmigrant Status?
How Do I Apply?
For the following categories of nonimmigrants, your employer should carefully read and file a USCIS Form I-129 (Petition for Nonimmigrant Worker) and any required supporting documentation:
E - International Traders and Investors
H - Temporary Workers
L - Intracompany Transferees
O - Aliens of Extraordinary Ability
P - Entertainers and Athletes
Q - Participants in International Exchange Programs
R - Religious Workers
TN - Canadians and Mexicans Under NAFTA
If you are in the following nonimmigrant categories, you should carefully read and complete USCIS Form I-539 (Application to Extend/Change Nonimmigrant Status) and submit any required supporting documents:
A - Diplomatic and other government officials, and their families and employees.
B - Temporary visitors for business or pleasure.
F - Academic Students and their families
G - Representatives to international organizations and their families and employees.
I - Representatives of foreign media and their families
J - Exchange Visitors and their families
M - Vocational Students and their families
N - Parents and children of the people who have been granted special immigrant status because their parents were employed by an international organization in the United States.
The application and correct fee should be mailed to the USCIS Service Center that serves the area where you are temporarily staying. If your nonimmigrant category is work-related, then the application and correct fee should be mailed to the USCIS Service Center that serves the area where you will work. Forms are available by calling 1-800-870-3676, or by submitting a request through our forms by mail system. For information on fees, please see USCIS filing fees, fee waiver request procedures, and the USCIS fee waiver policy memo.
How Do My Spouse and Child Apply to Change Their Nonimmigrant Status?
If your employer files USCIS Form I-129 (Petition for Alien Worker) for you, then your spouse and child must carefully read and complete USCIS Form I-539 (Application to Extend/Change Nonimmigrant Status) and submit any required supporting documents to change to a new nonimmigrant category. It is best to submit both forms at the same time.
You may include your spouse and any unmarried children under the age of 21 in your USCIS Form I-539 application if you are all in the same nonimmigrant category, or if your spouse or children were given derivative nonimmigrant status. Derivative nonimmigrant status means that your spouse and children were given nonimmigrant visas based on your nonimmigrant status. For instance, if a student is given an F-1 "Academic Student" visa, then the spouse and child are given F-2 "Spouse and Child of an Academic Student" visas.
When Should I Apply?
We recommend that you apply as soon as you determine that you need to change to a different nonimmigrant category. Please note, you must apply to change your nonimmigrant category before you current nonimmigrant status expires. Also, do not start new employment without first being approved for your change of status. The date your status expires can be found in the lower right-hand corner of your Form I-94 (Arrival-Departure Record). You should have received a Form I-94 when you legally entered the United States. (For more information, please see the U.S. Customs and Border Protection, How Do I Get an Arrival-Departure Record?.)
What If I Am Late Filing for a Change of Nonimmigrant Status?
If you are late filing for a change of nonimmigrant status and your current status has already expired, you must prove that:
The delay was due to extraordinary circumstances beyond your control;
The length of the delay was reasonable;
You have not done anything else to violate your nonimmigrant status (such as work without USCIS approval);
You are still a nonimmigrant (This means that you are not trying to become a permanent resident of the United States. There are some exceptions.); and
You are not in formal proceedings to remove (deport) you from the country.
How Can I Find Out About the Status of My Application?
Please contact the USCIS office that received your application. You should be prepared to provide the USCIS staff with specific information about your application. Please see, finding the status of your application for complete instructions on how to check the status of your application.
How Can I Appeal a USCIS Decision Regarding My Change of Status?
If your application to change you nonimmigrant status is denied, you will receive a letter that will tell you why the application was denied. You will not be allowed to appeal a negative decision to a higher authority. However, you may submit a motion to reopen or a motion to reconsider with the same office that made the unfavorable decision. By filing these motions, you are asking the office to either reexamine or reconsider their decision. A motion to reopen must state the new facts that are to be provided in the reopened proceeding and must be accompanied by affidavits or other documentary evidence. A motion to reconsider must establish that the decision was based on an incorrect application of law or USCIS policy, and further establish that the decision was incorrect based on the evidence in the file at the time the decision was made. For more information, please see How Do I Appeal the Denial of Petition or Application?.
How Do I Let USCIS Know My Travel Plans Have Changed?
Why Do I Need to Notify Immigration if my Travel Plans Change?
If you are travelling to the United States as a worker in the following visa categories, your employer will have filed a nonimmigrant visa petition in your behalf:
H - Temporary Workers
L - Intracompany Transferees
O - Aliens of Extraordinary Ability
P - Entertainers and Athletes
Q - Participants in International Exchange Programs
R - Religious Workers
The USCIS approval notice for your petition will designate the U.S. Consulate where you will obtain your nonimmigrant visa. If you are from a visa-exempt country, your approval notice will designate the port-of-entry where you are to enter the U.S, rather than a U.S. Consular office.
If you (the beneficiary of the petition) intend to cross the border at a different Immigration port-of-entry or receive your nonimmigrant visa at a different U.S. Consular office than is indicated on your petition approval notice, your employer (who filed the visa petition) must notify Immigration of the change in your travel plans.
Once notified, what Immigration will do depends on whether you do or do not need a visa:
Visa Required: Immigration will notify the U.S. Consular office where you will be obtaining your nonimmigrant visa that your petition has been approved. The U.S. Consular office must receive the notice of approval from Immigration before the U.S. Consulate can provide you with the documentation necessary for entry into the U.S.
Visa Not Required: (e.g., Canadians and some residents of islands adjacent to the United States), Immigration will notify the port-of-entry where you will enter the U.S. that your nonimmigrant petition has been approved. The port-of-entry must receive this notification before the port-of-entry can provide you with the documentation necessary for entry into the U.S.
If you travel outside the United States and desire to re-enter the country, please carry your original approval notice with you.
How Do I Notify Immigration if My Travel Plans Have Changed?
If an Immigration petition has been approved for you, your employer will need to file Form I-824 (Application for Action on an Approved Application or Petition) to notify Immigration of the change.
Your employer must file Form I-824 (Application for Action on an Approved Application or Petition), including the correct fee, with the USCIS office that approved the original petition. Detailed information is provided in the instructions for Form I-824.
Forms are available by calling 1-800-870-3676, or by submitting a request through our forms by mail system. For further information on filing fees, please see filing fees, fee waiver request procedures, and the fee waiver policy memo.
Where Can I Find the Law?
There is no statute that covers this action. However, rules governing Form I-824, Application for Action on an Approved Application or Petition, are published in Title 8 of the Code of Federal Regulations under 8 CFR § 103.5b.
How Can I Find the Status of My Application?
Your employer should contact the USCIS office where the application is filed. Your employer should be prepared to provide the USCIS staff with specific information about the application. Please see Finding the Status of Your Case for complete instructions on checking the status of your application. See U.S. Field offices for information on Immigration offices.
How Can I Appeal?
If your employer's application is denied, your employer will receive a letter that will tell your employer why the application was denied. Your employer may submit a motion to reopen or a motion to reconsider to the same office that made the unfavorable decision. By filing a motion, your employer is asking the office to reexamine or reconsider its decision. A motion to reopen must state any new facts that would support your employer's motion. Your employer may be required to submit affidavits or other documentary evidence in support of these new facts. A motion to reconsider must establish that the decision was based on an incorrect application of law or Immigration policy, and further establish that the decision was incorrect based on the evidence in the file at the time the decision was made. For more information, please see How Do I Appeal the Denial of Petition or Application?
How do I extend my stay?
Why Do You Need to Extend Your Nonimmigrant Status?
A nonimmigrant temporarily enters the United States for a specific purpose such as business, study, or pleasure. When you entered the country as a nonimmigrant, a U.S. immigration inspector should have examined your passport and visa and then given you a Form I-94 (Arrival/Departure Record). This record should tell you (in the lower right-hand corner) when you must leave the United States. You can prove you did not violate U.S. laws by turning in your Form I-94 to the proper authorities when you leave the country. If you want to extend your stay in the United States, then you must ask for permission from the US Citizenship and Immigration Services (USCIS) before your authorized stay expires. Proof that you are willing to obey U.S. immigration laws will be important if you want to travel to the United States as an immigrant or nonimmigrant in the future. If you break immigration laws, you may also become subject to removal (deportation).
For more information on Arrival-Departure Records, please see How Do I Get an Arrival-Departure Record?
What Does the Law Say?
The Immigration and Nationality Act (INA) governs the admission of all people to the United States. For the part of the law concerning temporary admissions to the United States, please see INA § 214. The applicable regulations are found in the Code of Federal Regulations (CFR) at 8 CFR § 214.
Who is Eligible?
You may apply to extend your stay if you were lawfully admitted into the United States with a nonimmigrant visa, your nonimmigrant visa status remains valid, and you have not committed any crimes that would make you ineligible. You must apply to extend your status if you wish to stay longer than the date indicated in the lower right-hand corner of your Form I-94 (Arrival-Departure Record). Please note, you must submit the application for an extension of stay BEFORE your current authorized stay expires. You must also keep your passport valid for your entire stay in the United States.
You may not apply to extend your stay if you were admitted to the United States in the following visa categories:
(VWP) - Visa Waiver Program
D - As a crewman
C - As an alien in transit or in transit without a visa
K - As a fiancé of a U.S. citizen or dependent of a fiancé
S - As an informant (and accompanying family) on terrorism or organized crime
How Do I Apply?
For the following categories of nonimmigrants, your employer should carefully read and file a CIS Form I-129 (Petition for Nonimmigrant Worker) and any supporting documentation:
--------------------------------------------------------------------------------
E - International Traders and Investors
H - Temporary Workers
L - Intracompany Transferees
O - Aliens of Extraordinary Ability
P - Entertainers and Athletes
Q - Participants in International Exchange Programs
R - Religious Workers
TN - Canadians and Mexicans Under NAFTA
If you are in the following nonimmigrant categories, you should carefully read and complete USCIS Form I-539 (Application to Extend/Change Nonimmigrant Status) and submit any required supporting documents:
A - Diplomatic and other government officials, and their families and employees.
B - Temporary visitors for business or pleasure.
F - Academic Students and their families
G - Representatives to international organizations and their families and employees.
I - Representatives of foreign media and their families
J - Exchange Visitors and their families
M - Vocational Students and their families
N - Parents and children of the people who have been granted special immigrant status because their parents were employed by an international organization in the United States.
The application and correct fee should be mailed to the USCIS Service Center that serves the area where you are temporarily staying. If your nonimmigrant category is work-related, then the application and correct fee should be mailed to the USCIS Service Center that serves the area where you will work. Forms are available by calling 1-800-870-3676, or by submitting a request through our forms by mail system. For further information on filing fees, please see USCIS filing fees, fee waiver request procedures, and the USCIS fee waiver policy memo. Please see our USCIS field offices home page for more information on USCIS service centers.
How Do My Spouse and Child Apply to Extend Their Stay in the United States?
If your employer files USCIS Form I-129 (Petition for Alien Worker) for you, then your spouse and child must carefully read and complete USCIS Form I-539 (Application to Extend/Change Nonimmigrant Status) and submit any required supporting documents to extend their stay. It is best to submit both forms at the same time.
If you are filing USCIS Form I-539 for your own extension, you may include your spouse and any unmarried children under the age of 21 in your application if you are all in the same nonimmigrant category. You may also include your spouse or children in your application if they were given derivative nonimmigrant status. This means that your spouse and children were given nonimmigrant visas based on your nonimmigrant status. For instance, if a student is given an F-1 "Academic Student" visa, then the spouse and child are given F-2 "Spouse and Child of an Academic Student" visas.
When Should I Apply?
We recommend that you apply to extend your stay at least 45 days before your authorized stay expires, but the USCIS Service Center must receive your application by the day your authorized stay expires.
What If My Authorized Stay Has Already Expired? (What If I Am Late Filing for an Extension?)
If you are late filing for an extension and your authorized stay has already expired, you must prove that:
The delay was due to extraordinary circumstances beyond your control;
The length of the delay was reasonable;
You have not done anything else to violate your nonimmigrant status (such as work without USCIS approval);
You are still a nonimmigrant (This means you are not trying to become a permanent resident of the United States. There are some exceptions.); and
You are not in formal proceedings to remove (deport) you from the country.
How Can I Find Out About the Status of My Application?
Contact the USCIS office that received your application. You should be prepared to provide the USCIS staff with specific information about your application. Click here for instructions on checking the status of your application. Click here for information on USCIS offices.
How Do I Get Another Form I-94 "Arrival/Departure Document" If the Original Was Submitted With the Application to Extend My Stay?
If your application for an extension is approved, you will be issued a replacement I-94 with a new departure date. If your application is denied, your original I-94 will be returned with a request for your immediate departure.
How Can I Appeal?
If your application to extend your stay is denied, you will receive a letter that will tell you why the application was denied. You will not be allowed to appeal a negative decision to a higher authority. However, you may submit a motion to reopen or a motion to reconsider with the same office that made the unfavorable decision. By filing these motions, you may ask the office to reexamine or reconsider their decision. A motion to reopen must state the new facts that are to be provided in the reopened proceeding and must be accompanied by affidavits or other documentary evidence. A motion to reconsider must establish that the decision was based on an incorrect application of law or USCIS policy, and further establish that the decision was incorrect based on the evidence in the file at the time the decision was made. For more information, please see How Do I Appeal the Denial of Petition or Application?
Humanitarian Parole
What is Humanitarian Parole?
The Secretary of the Department of Homeland Security may, in his discretion, parole into the United States temporarily, under such conditions as he may prescribe on a case-by-case basis, for urgent humanitarian reasons or significant public benefit, any alien applying for admission to the United States.
Humanitarian Parole cannot be used to circumvent normal visa-issuing procedures, nor as an instrument to bypass preference immigrant visa availability or processing for refugee status. Parole is an extraordinary measure, sparingly used to bring an otherwise inadmissible alien into the United States for a temporary period of time due to a very compelling emergency.
Note that Humanitarian Parole can only be requested for persons who are outside of the U.S. Requests for Humanitarian Parole must be submitted to the the following address:
Department of Homeland Security
425 I Street, NW
ATTN: Parole and Humanitarian Assistance Branch
Washington, DC 20536
Aliens in Canada must submit Form I-131, Application for Travel Document to the Director of the office that has jurisdiction over the area where the alien intends to enter the United States.
A request for humanitarian parole may be submitted by anyone and should be submitted on Form I-131, Application for Travel Document . There is a filing fee for filing applications for humanitarian parole. Additionally, Form I-134, Affidavit of Support, is also needed to assure that applicant will not become a public charge. A parole request should include information which is specific, verifiable and complete. Evidence of the claimed circumstances should also be enclosed.
Guidelines for preparing and submitting application packages for humanitarian parole
APPLICATION PACKAGE SHOULD CONTAIN ALL OF THE FOLLOWING:
1. INFORMATION ON EACH PROSPECTIVE PAROLEE
Provide information on EACH prospective parolee; this should include:
a. Complete name, date, and place of birth of the prospective parolee.
b. The prospective parolee's occupation and current address abroad.
c. The prospective parolee's relationship to his/her Sponsor.
d. The length of time for which parole is requested. (REMINDER: Parole is limited to a maximum time of 1 year).
A fee (in the form of a cashier's check. NOTE: personal checks are not accepted).
Completed Form I-131, Application for Travel Document for each prospective parolee.
2. INFORMATION ON THE SPONSOR
Provide information about the sponsor of the prospective parolee(s); this should include:
a. Complete name, date, and place of birth of the Sponsor
b. Indication of sponsor's United States citizenship or immigration status.
c. Sponsor's full and complete current address.
d. Sponsor's occupation
e. Statement of why a U.S. visa cannot be obtained instead of having to apply for humanitarian parole, including when and where attempts were made to obtain visas.
f. Statement of why a waiver of excludability cannot be obtained, including when and where a waiver was sought.
g. Copies of any approved visa petitions for the sponsor (Form I-171)
h. Evidence of relationship between the sponsor and the prospective parolee.
i. Statement of emergent (urgent) reasons why a parole should be authorized. (i.e. documentation verifying medical condition, letter from treating physician etc.)
j. Statement of how, and by whom, medical care, housing, transportation and other subsistence needs will be met for each prospective parolee.
Completed Form I-134, Affidavit of Support for each parolee.
Important Notes
Applications cannot be processed until all documentation has been received.
All supporting documentation must be included with the application at the time it is submitted to the USCIS.
The applications should be mailed directly to the following address:
Department of Homeland Security
425 I St., N.W.
ATTN: Parole and Humanitarian Assistance Branch
Washington, DC 20536
Frequently Asked Questions
Where can I find the law?
The legal foundation for Humanitarian Parole comes from the Immigration and Nationality Act (INA). INA 212(d) (5) (A). INA 212 states that the Attorney General (this authority was transferred to the Secretary of DHS) in his discretion may parole into the United States temporarily under such conditions as he may prescribe only on a case-by-case basis for urgent humanitarian reasons or significant public benefit.
Where do I file a request for humanitarian parole?
Department of Homeland Security
425 I St., N.W.
ATTN: Parole and Humanitarian Assistance Branch
Washington, DC 20536
How long does it take to adjudicate an application?
Parole applications are generally adjudicated within 60 - 90 business days.
How can I find out the status of my application?
To check the status of your application, please contact the Parole and Humanitarian Assistance Branch, Washington, D.C. directly in writing. Please provide them with specific information about your application.
Can Humanitarian Parole applications be adjudicated for individuals currently in the United States?
Request for humanitarian parole can only be accepted for individuals who are currently outside of the United States. (See our Web page on Advance Parole)
What types of Humanitarian Parole cases are adjudicated at the Parole and Humanitarian Assistance Branch?
The Parole and Humanitarian Assistance Branch adjudicates all requests for humanitarian parole.
How will I be notified if my request is approved?
If you are the petitioner, you will receive a written notice once your application has been adjudicated.
How long are Humanitarian Paroles approved for?
Humanitarian paroles are granted for a period of time to coincide with the duration of the emergency or humanitarian situation that forms the basis for the request. There is a maximum time limit of 1 year.
Who can file an application for humanitarian parole?
Anyone can file an application for humanitarian parole to include the prospective parolee, a sponsoring relative, an attorney (G-28 must be included), or any other interested individual or organization.
What can I do if my case is not approved?
The denial of a request for humanitarian parole is a discretionary determination based upon a comprehensive review of all of the circumstances in each case, as presented in the documentation. There is no statutory provision for appeal. If there are new facts that you would like considered however, a new submission may be sent to the Parole and Humanitarian Assistance Branch as a new case for consideration, with a new filing fee.
Where can I receive forms for filing a Humanitarian Parole?
USCIS Form I-131 (Application for Travel Document and I-134, Affidavit of Support, can be requested online or ordered by calling USCIS Forms request line at 1 (800) 870-3676 or by submitting a request through the forms by mail system. After receiving Forms I-131 and I-134, read them carefully and note the documentation that must be submitted. Detailed information is provided in the instructions for Forms I-131 and I-134.
Student Visas
The Immigration and Nationality Act provides two nonimmigrant visa categories for persons wishing to study in the United States. The "F" visa is reserved for nonimmigrants wishing to pursue academic studies and/or language training programs, and the "M" visa is reserved for nonimmigrants wishing to pursue nonacademic or vocational studies.
F-Academic Students and M-Vocational Students Requirements
Foreign students seeking to study in the U.S. may enter in the F-1 or M-1 category provided they meet the following criteria:
The student must be enrolled in an "academic" educational program, a language-training program, or a vocational program;
The school must be approved by U.S. Citizenship and Immigration Services (USCIS);
The student must be enrolled as a full-time student at the institution;
The student must be proficient in English or be enrolled in courses leading to English proficiency;
The student must have sufficient funds available for self-support during the entire proposed course of study; and
The student must maintain a residence abroad which he/she has no intention of giving up.
Click to find out more specific information about becoming an academic student in the United States.
Click to find out more specific information about studying the English language in the United States.
Click to find out more specific information about becoming a vocational student in the United States.
Information on How to Apply for the Student Visa, Visa Ineligibility/Waiver, Student Employment can be obtained via Visa Services at Department of State Website.
Also see Sec. 641 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996 (Pub. L. 104-208). Section 641 of IIRIRA is one of the catalysts behind a new interagency initiative known as the Student Exchange and Visitors Program, or SEVP program. SEVP is designed to improve processes for foreign students and exchange visitors holding F, J, and M visas, and schools, colleges and other organizations sponsoring programs for these visa holders.
SEVP will facilitate and automate several processes affecting foreign students, such as:
Visa issuance
admissions to the U.S.;
benefit requests; and
information reporting.
Please visit the Student and Exchange Visitors Program, or SEVP website at U.S. Immigration and Customs Enforcement for more information.
Useful information for Schools
Obtaining Approval to Receive Nonimmigrant Students
Petition for Approval, Form I-17, must be filed with the district office with jurisdiction for the the locality where the school is located. There are two types of foreign students, F-1 and M-1 nonimmigrants. A school may be approved for F and/or M students, as described below. However, an individual student's classification depends on his/her principal educational goals.
F-1: Approval for attendance of academic students may be solicited by an accredited college or university that awards bachelors, masters, doctorate or professional degrees; an accredited community or junior college that provides instruction in the liberal arts or the professions and awards associate degrees; a seminary; a conservatory; an academic high school; a private elementary school; or an institution that provides language training, instruction in the liberal arts, the fine arts or the professions, or instruction in one or more of these disciplines.
M-1: Approval for the attendance of non-academic students may be solicited by a community college or junior college that provides vocational or technical training and awards associate degrees; a vocational high school; a trade school or a school of nonacademic training other than language training.
Current USCIS regulations recognize the following as approved schools:
A school operated as a public educational institution by federal, state, or local government; and
A school accredited by a nationally recognized accrediting agency.
If an institution of higher education does not fall into one of these two categories, it must submit evidence that its course credits are accepted by at least three accredited schools.
If a private elementary or public or private secondary school does not fallinto one of these two categories, it must submit evidence that it satisfies the compulsory attendance requirements of the state in which it is located and that it qualifies graduates for acceptance by approved schools at a higher educational level, and in the case of a private elementary or secondary school, that it is accredited by an accrediting organization, certified by the U.S. Department of Education's Office of Non-Public Education.
Approval Process
Petition for approval (Form I-17) is filed in duplicate with the district director in the school's locality. The following requirements must also be met:
The Form I-17 must be signed by an officer of the institution who has authority to sign contracts.
The petitioning school must submit certification indicating that it is licensed, approved, and/or accredited.
Temporary Workers
Overview
Employers who wish to hire foreign workers to temporarily perform services or labor or to receive training may file an I-129 petition. The I-129 is mainly used for nonimmigrant categories; thus, in most cases, workers who enter the United States under this petition must depart the U.S. when their maximum period of stay has been reached. Form I-129 may also be used to petition for an extension of stay or change of status for certain nonimmigrants.
There are many categories of workers who are temporary visitors and who may be petitioned for on the I-129. These nonimmigrant classifications are symbolized by letters which generally correspond to the visas issued by the State Department. Only those categories incorporating employment or investment will be covered here.
To see the section of the Immigration and Nationality Act that applies to temporary worker categories, see §101(a)(15). For the law applying to NAFTA categories, See §214(e).
Filing the I-129 Petition
USCIS Form I-129 consists of a basic petition and different supplements that apply to the various visa categories. In order to petition for a temporary worker, the prospective employer or agent must file Form I-129, Petition for Nonimmigrant Worker, and the appropriate supplement with the U.S. Citizenship and Immigration Services (USCIS) accompanied by the required payment, and initial evidence or documentation.
In some cases, the employer must get a certificate from the Department of Labor prior to filing the I-129. This process is described below in the appropriate categories.
Once the petition is approved, the employer or agent is sent a Notice of Approval, Form I-797. Approval of a petition does not guarantee visa issuance to an applicant. Applicants must also establish that they are admissible to the U.S. under provisions of the Immigration and Nationality Act (INA).
Applying for the Visa
Prospective workers (beneficiaries) outside of the country generally must apply for a visa upon approval of the petition. Prospective workers in the U.S. who are not in a valid nonimmigrant status or who have not continuously maintained their status must also apply for a visa upon approval of the petition. After the USCIS has approved the I-129 and sent notice to the consulate in the beneficiary’s country, the beneficiary must file a visa application with the consulate. Some aliens may be visa exempt. In those cases, the I-129 approval notice is presented to the port of entry (POE) where the beneficiary intends to apply for admission. For specific procedures on Visa Application Procedures, Required Documentation and Visa Ineligibility Waiver, please visit Visa Services at the Department of State.
If the beneficiary is already in the U.S. and is eligible to change from one nonimmigrant status to another, a visa is not required. However, a visa may be required if the beneficiary subsequently leaves the U.S. and wishes to re-enter under the same nonimmigrant classification indicated on the most current I-129 approval notice.
Entry into the U.S.
Applicants should be aware that a visa does not guarantee admission into the United States. The U.S. Customs and Border Protection (CBP) has the authority to deny admission at the port of entry to any applicant who is inadmissible under the INA, even if the applicant has a visa. Also, the CBP, not the consular officer, determines the period for which the bearer of a temporary work visa is authorized to remain in the United States. At the port of entry, CBP officials issue Form I-94, Record of Arrival-Departure, which notes the length of stay permitted. The decision to grant or deny a request for extension of stay, however, is made solely by the USCIS.
When to file
Petitions should be filed as soon as possible, but no more than 6 months before the proposed employment will begin or the extension of stay is required. If the petition is not submitted at least 45 days before the employment will begin, petition processing and subsequent visa issuance may not be completed before the alien's services are required or previous employment authorization ends.
Maximum Stay Information for Temporary Employment Visas
Class Initial Stay Extension of Stay
E-1 Two (2) years Up to 2 years per extension. No maximum number of extensions, with some exceptions.
E-2 Two (2) years Up to 2 years per extension. No maximum number of extensions, with some exceptions.
E-3
Australian Specialty Occupation Workers Two (2) years Up to 2 years per extension. No maximum number of extensions.
H-1B Up to 3 years Increments of up to 3 years. Total stay limited to 6 years.
H-1B1
Free Trade nonimmigrant professional from Chile or Singapore Up to 3 years Increments of up to 3 years. Total stay limited to 6 years.
H-1B2 Up to 3 years Increments of up to 3 years. Total stay limited to 6 years, with some exceptions.
H-1B3 Up to 3 years Increments of up to 3 years. Total stay limited to 6 years, with some exceptions.
H-1C Up to 3 years Total stay limited to 3 years.
H-2A and
H-2B Same as validity of labor certification, with maximum of 1 year. Same as validity of labor certification (increments of up to 1 year). Total stay limited to 3 years.
H-3 Special Education Training-up to 18 months.
Other Trainee-up to 2 years Special Education Trainee-total stay limited to 18 months.
Other Trainee-total stay limited to 2 years.
L-1A Coming to existing office-up to 3 years.
Coming to new office-up to 1 year. Increments of up to 2 years. Total stay limited to 7 years.
L-1B Coming to existing office-up to 3 years.
Coming to new office-up to 1 year One increment of up to 2 years. Total stay limited to 5 years.
O-1 and O-2 Up to 3 years Increments of up to 1 year
P-1, P-2, P-3 and their support personnel Individual athlete-up to 5 years.
Athletic groups and Entertainment groups-up to 1 year. Individual athlete-Increments of up to 5 years. Total stay limited to 10 years.
Athletic groups and entertainment groups-Increments of 1 year.
Q-1 Up to 15 months. Total stay limited to 15 months
R-1 and R-2 Up to 3 years Increments of up to 2 years. Total stay limited to 5 years.
All other Up to 1 year Increments of up to 1 year
Where to file
VSC/CSC Pairing for I-129 Processing (and Related, Concurrent Applications)
The VSC/CSC pairing handles all Forms I-129, Petition for Nonimmigrant Worker, with the Vermont Service Center serving as the filing location. When Form I-539, Application to Extend/Change Status, for the principal’s dependent spouse and children accompanies Form I-129, the entire package is filed with the Vermont Service Center. If Form I-765, Application for Employment Authorization Document, is filed for an E or L dependent together with the I-129/I-539 package, the entire I-129/I-539/I-765 package is filed with the Vermont Service Center. Concurrently filed applications for dependent family members will not be separated.
Although the filing location for Form I-129 is the Vermont Service Center, some petitioners/applicants will receive a filing receipt from the California Service Center, if the case is worked by that Center. The Center that generates the receipt notice will be the Center that actually adjudicates the case. USCIS will not reject applications or petitions filed at an incorrect Service Center but instead will forward the entire package to the appropriate Service Center for processing. This “no rejection” policy will be extended to those petitions that are inadvertently filed with the California Service Center, if the requested classification is one that the California Service Center normally processes under the CSC-VSC Bi-Specialization pairing.
Current Work Distribution of Form I-129 Between VSC and CSC
The two service centers are currently adjudicating the petitions based on the requested classification as indicated below:
California Service Center
P.O. Box 10129
Laguna Niguel, CA 92607 Vermont Service Center
75 Lower Welden St.
St. Albans, Vermont 05479
Initial and Extension
E-1, E-2
O-1 (except for Major League Sports) and O2
P-1 and P-1S support personnel (for entertainment groups only); P-2 and P-2S support personnel;
P-3 and P-3S support personnel
Q1
R1
Extension Only
H-1B (all sub-categories, except for Singapore-Chile Free Trade). Initial Only
H-1B (all subcategories)
Initial and Extension
E-3 Australian Free Trade
H-1B1 (Singapore Chile Free Trade only)
H-2A, H-2B, and H-3
L-1A, L-1B, and L-Blanket
O-1 (for Major League Sports only)*
P-1 and P-1S (for Major League Sports only)*
TN-1 and TN-2
* Major league athletes in baseball, hockey, soccer, basketball and football. Support personnel includes: coaches, trainers, broadcasters, referees, linesmen, umpires, and interpreters.
Exceptions apply:
If the person is a Canadian citizen applying for admission as an L-1 under the North American Free Trade Agreement, the petition may be filed at the port of entry when the person applies for admission; All TN (NAFTA) Form I-129’s are filed at the Vermont Service Center.
Victims of Trafficking and Violence Protection Act of 2000 (VTVPA)
Overview
Congress passed the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA) in order to provide:
individuals who have been victimized in the most severe fashion with the ability to: remain in the US (temporarily and in some cases longer) and receive federal and state assistance;
protections for certain crime victims including victims of crimes against women; and
law enforcement agencies with a comprehensive law that will enable them to pursue the prosecution and conviction of traffickers.
This Webpage includes various agency links to information about the VTVPA, implementation of the law, and victim benefits and services.
Those who may be interested in this information include:
victims of a severe form of trafficking and non-governmental entities who may be working with such victims;
law enforcement officers so that they may better understand who is considered a victim of a severe form of trafficking; and
the general public on how the US Government will pursue traffickers of persons.
Law and Regulations
Victims of Trafficking and Violence Protection Act of 2000 (VTVPA) (P.L. 106-386) 10/28/00
Regulations
Protection and Assistance for Victims of Trafficking
Interim Rule 07/24/01
Effective date: 08/23/01
New Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for T Nonimmigrant Status
Interim Rule 01/31/02
Effective date: 03/04/02
Comment period ends: 04/01/02
New Classification for Victims of Certain Crimes; Eligibility for U Nonimmigrant Status
Adjustment Procedures
Manuals, Handbooks, Guidance, and Brochures
Attorney General Guidelines for Victim and Witness Assistance(2000 ed.) (DOJ), effective 1/31/00
Victim Witness Brochure for Law Enforcement Agencies
Trafficking in Persons: A Guide for Non-Governmental Organizations
Applications and Forms
Form I-914, Application for T Nonimmigrant Status (includes Supplements for Immediate Family Members and Federal Law Enforcement Officer's Declaration)
Law Enforcement Training Materials
Victim Witness Brochure for Law Enforcement Agencies
T Nonimmigrant Status Application Process
T Nonimmigrant Application Process (INS) 01/24/02
U Nonimmigrant Status Application Process
Assessment of Deferred Action in Requests for Interim Relief from U Nonimmigrant Status Eligible Aliens in Removal Proceedings
05/06/04 William R. Yates /s/ Janis Sposato HQOPS
Centralization of Interim Relief for U Nonimmigrant Status Applicants
10/08/03 William R. Yates /s/ Janis Sposato HQOPS
Press Materials
Notice to the Press: Public Release of the 2005 "Trafficking in Persons Report," 6/1/05
Notice to the Press: Release of the Trafficking Report 06/10/04
Secretary of State Press Release: Release of Trafficking Report 06/11/03
Secretary of State Special Briefing: Release of Trafficking Report 06/05/02
Department of Justice Issues T Visa to Protect Women, Children and All Victims of Human Trafficking 01/24/02
T Nonimmigrant Application Process (INS) 01/24/02
Attorney General's News Conference: Trafficking Regulations (07/18/01)
Secretary of State Press Release: Release of Trafficking Report (07/12/01)
Worker Exploitation Fact Sheet (DOJ) 03/27/01
Trafficking in Persons and Worker Exploitation Task Force (DOJ) (undated)
Reports on Other Government Trafficking Efforts
Title of Report Issuing Agency Report Date
Trafficking in Persons Report Department of State 06/3/05
Trafficking in Persons Report Department of State 06/10/04
Trafficking in Persons Report Department of State 06/09/03
Trafficking in Persons Report Department of State 06/05/02
Trafficking in Persons: USAID's Response US Agency for International Development 09/01
Trafficking in Persons Report Department of State 07/01
The U.S. Government's International Anti-Trafficking in Persons Initiatives Department of State 07/12/01
Special Briefing on Release of the Trafficking Report Department of State 07/12/01
Who May Apply to Change to a New Nonimmigrant Status?
In general, you may apply to change your nonimmigrant status if you were lawfully admitted into the United States with a nonimmigrant visa, your nonimmigrant status remains valid, and you have not committed any crimes that would make you ineligible.
You may not apply to change your nonimmigrant status if you were admitted to the United States in the following visa categories:
(VWPP) - Visa Waiver Pilot Program (or the Guam Visa Waiver Program)
D - As a crewman
C - As an alien in transit or in transit without a visa
K - As a fiancé(e) or spouse of a U.S. citizen or dependent of a fiancé(e) or spouse
S - As an informant (and accompanying family) on terrorism or organized crime
If you are an international exchange visitor (J visa category) you may not change your nonimmigrant status if you were admitted to the United States to receive graduate medical training, unless you receive a special waiver. In addition, some exchange visitors must meet a foreign residence requirement before they are allowed to change status. This means that some international exchange visitors must leave the United States and go back to their home country for a minimum of two years before applying to come to the United States as a temporary worker or an immigrant. If you are an exchange visitor and are required to meet the foreign residence requirement, you must receive a waiver if you wish to change your nonimmigrant status without returning home. If you do not receive a waiver, then you may only apply to change to the A (Diplomatic and other government officials, and their families and employees) or G (Representatives to international organizations and their families and employees) nonimmigrant categories. For more information on international exchange visitors, please see How Do I Waive the Foreign Residence Requirement if I am an Exchange Visitor? . In addition, please see the Department of State, Bureau of Consular Affairs and the Department of State Websites. The applicable laws can be found at 8 CFR 214.2 and 212.7.
If you are a vocational student (M visa category), you may not apply to become an academic student (F visa category). You also may not apply to change from the vocational student visa category to a temporary worker visa category (H) if it was the training you received as a vocational student in the United States that made you qualified for the temporary worker position.
You do not need to apply to change your nonimmigrant status if you were admitted into the United States for business reasons (B-1 visa category), and you wish to remain in the United States for pleasure before your authorized stay expires.
If you are in the United States as the spouse or child of someone in the following nonimmigrant visa categories, you do not need to apply to change your status if you wish to attend school in the United States (as long as your parent or spouse maintains their original nonimmigrant status).
A - Diplomatic and other government officials, and their families and employees.
E - International Trade and Investors
G - Representatives to international organizations and their families and employees.
H - Temporary Workers
I - Representatives of foreign media and their families
J - Exchange Visitors and their families
L - Intracompany Transferees
If you are in the United States as the spouse or child of someone in the F (Academic Student) or M (Vocational Student) visa category, you do not need to apply to change your status if you wish to attend elementary, middle, or high school in the United States. If you wish to attend post-secondary school full-time, you must apply for change of status.
MARZEC LAW FIRM
|
|
|
|
The Marzec Law Firm, PC is conveniently located in downtown Manhattan. The Firm currently serves clients in New York, New Jersey, Connecticut, California, Florida, and Illinois. Click here for directions to the New York City office.
|
| |
| |
