Applying for Nonimmigrant Academic Student Status Just Got Easier

USCIS recently announced a new policy that favors foreign nationals who are applying to change their nonimmigrant status to F-1 (Academic Student) while in the United States. The new policy eliminates the requirement of filing separate applications to extend the foreign national’s current nonimmigrant status while the application to change nonimmigrant status is pending.

Under the old policy, these applicants were required to “bridge the gap” and continuously apply for extensions of status to ensure that they would maintain lawful status while they waited for their change of status application to be approved. Due to backlogs, these applicants often have to wait over one year for the change of status application to be approved. Given that the process is lengthy and required multiple filings, applicants often chose to process the F-1 visa application at a consulate or embassy abroad because the decision was generally rendered more quickly abroad.

After the onset of the global COVID-19 pandemic, the option of traveling abroad to apply for a student visa has become more difficult for foreign nationals due to travel restrictions and/or consular closures and delays. As a result, the new USCIS Memorandum for F-1 Students offers a one-step solution that allows applicants who are in the United States to remain in the United States without applying for multiple extensions of status. It also reduces costs for both USCIS and applicants alike.

According to the new policy, an applicant’s change of status to F-1 will become effective on the date that USCIS approves the change of status application. However, if USCIS approves the application more than 30 days before the student’s program start date, students must be careful not to violate their F-1 status during that time by engaging in on-campus employment more than 30 days before the program start date listed on their Form I-20.

Please contact Brandon Davis or Laura Buck of Phelps’ Immigration team if you have any questions or need compliance advice and guidance.