Change of Status

It is recommended that nonimmigrants apply for US visas in their home country. However, if a student/scholar/dependent will apply for a visa outside their home country, they should contact the embassy/consulate directly to make sure they accept applicants who are not citizens of that country (known as "third-country nationals").

ISSS recommends student/scholars contact their ISSS advisor to discuss the benefits and risks of applying for a visa outside their home country.

I-129 vs I-539

To change status from within the US, Emory international students, scholars or dependents will need to file an I-539 application or I-129 petition with USCIS. Which form will be filed depends on whether or not Emory University is acting as the "petitioner" or if the nonimmigrant is filing an application for themselves and/or their dependents.

• Form I-129, Petition for Nonimmigrant Worker:
  • Is a petition filed by a US employer (i.e. Emory University) for which a nonimmigrant acts as the beneficiary.
  • Emory must file an I-129 on the behalf of all H-1B and O-1 nonimmigrant employees.
  • Emory can also use this form to request an extension of stay in or change of status for H-1B, O-1, E-3 and TN scholars.
• Form I-539 Application to Extend/Change Nonimmigrant Status:
  • This form is filed by a nonimmigrant seeking to extend their stay or change their status from within the US.
  • Typically, students, scholars and dependents will file an I-539 independently.
    • It is recommended that applicants discuss their situation with their ISSS advisor to make sure that the application will not impact their ability to study and/or work at Emory.
    • Exception: ISSS will submit an I-539 on the behalf of a scholar's dependents if an I-129 is being filed on the scholar's behalf. See the "Dependents" section below for more information. 

Additional Considerations

• Filing an I-539 or I-129 with USCIS usually takes longer than traveling abroad.
• For current processing times visit USCIS' Check Case Processing Times page.
• If the I-129 or I-539 is approved, the individual will:
  • receive a I-797 approval notice with a I-94 reflecting the new immigration status, but they will not receive a new visa in their passport.
  • need to apply for a visa at a US consulate or embassy the next time they travel abroad.
• Traveling abroad while an I-539 or I-129 is pending with USCIS is considered an abandonment of the application. Students/scholars should contact their ISSS advisor right away if they plan to travel abroad while their petition is pending with USCIS.
• J-1 exchange visitors who are subject to the 2-year home-country physical presence requirement can not change status from within the US unless they have requested a waiver and been issued an I-612.

If a student or scholar has a spouse and/or child in the US whose visa status is dependent on theirs, the dependents will also need to change status. They can do so by:

• Traveling outside the US, applying for a dependent visa (F-2, J-2, H-4, O-3, TD, or E-3D), and reentering the US; or
• Be included in the USCIS application or petition (if eligible)

As mentioned above, ISSS submits I-129 petitions on an employee's behalf, and nonimmigrants filing an I-539 do so independently of ISSS. However, if Emory is filing an I-129 petition on the behalf of an Emory scholar, ISSS can include an I-539 for dependents who also require a change of status or extension of stay.

Students and scholars should be sure to include their dependents in their ISSS Link request so that ISSS can advise them accordingly, and if applicable, issue dependents an I-20 or DS-2019 (Fs and Js only). Learn more about dependent statuses on our Bringing Family page.

In general, ISSS recommends students change to F-1 or J-1 student status by traveling outside the US, applying for a F-1/J-1 visa at as US consulate or embassy, and re-entering the US. 

Before starting the visa or I-539 application, ISSS recommends students compare F and J status carefully, review the considerations and eligibility requirements (below), and contact their ISSS advisor to discuss which option is best.

Regardless of how a student will change status, they will need to obtain an I-20 (Fs) or DS-2019 (Js) from ISSS for themselves and any dependents. Students can request their I-20 or DS-2019 by submitting the "New Student I-20 Request" or "J-1 Student Request" e-form in ISSS Link. Learn more about the I-20 and DS-2019 request processes: 

• I-20 Request Process
• DS-2019 Request Process

Students can apply for a change to F-1 or J-1 status from within the US if they:

• Are currently in A, G, B-1 or B-2, F-2, H-1B or H4, or J-1 or J-2 status
• Note: If a student recently entered the US as a B-1 or B-2 visitor, USCIS probably won't approve a change of status to F-1 student unless the student requested a notation of "prospective student" on their I-94 at the port of entry.

Students can't apply from within the US if they:

• Are in C, D, K, or M status
• Entered the US under the Visa Waiver Program (VWP) for business or tourism
• Are in J-1 or J-2 status and are subject to the 2-year home country physical presence requirement (unless the student requested a waiver and has been issued an I-612).

Timing

Students must apply before their current status expires. In some cases, a student has to maintain their current status while the change is pending. There can't be more than 30 days between the end of the current status and the start date of the requested status. For example, if a student is on an employment-based visa and their employment ends more than 30 days before the F-1/J-1 program start date, the student will need to leave the US and apply for an F-1/J-1 visa at a US embassy or consulate.

Change from a Dependent Child Status

Someone who is a dependent child can study full-time through secondary school in their dependent status until they are 21 years old. The parent(s) must currently live in the US and maintain their status. 

Travel Plans

If a student changes status from within the US, the next time they make international travel plans they will still need to apply for a new student visa at a US embassy or consulate to re-enter the US in F-1 or J-1 status.

Traveling abroad while a change-of-status application is pending is considered an abandonment of the application, and it will affect a student's SEVIS record. If a student decides to leave the US while their application is pending, they should discuss their plans with their ISSS advisor. The advisor can help the studnet obtain new or amended form I-20/DS-2019 for travel.

Limits on Study in F-2 status

F-2 children and spouses can enroll part-time in a degree program at an SEVP-certified school or university, and F-2 children can be enrolled full-time in elementary or secondary education (K-12). However, full-time enrollment at the college level is prohibited for F-2 dependents. If an F-2 dependent wants to be a full-time student at the college level, they need to change their immigration status to F-1. F-2s who choose to change status from within the US must have their application approved and before beginning full-time enrollment.

Prohibition of Study for B-1 and B-2 Status

Individuals who enter the US in B-1 or B-2 status are not permitted to study and will likely have an I-539 denied if:

• they applied to change status soon after entering the US
• applied to a US school before entering as a B-1 or B-2

However, if the visa is marked "prospective student," the I-539 is more likely to be approved.

B-1/B-2 status holders can't enroll in classes until the change-of-status application is approved. Emory may allow individuals in B-1/B-2 status to enroll. However, doing so is a violation of the individual's immigration status and will make them ineligible to change to F-1 or J-1 status later.

On-Campus Employment and Other F-1/J-1 Benefits

Unlike F-2 or B statuses, many statuses (A, G, H-1B, H-4, J-1, J-2, etc.) will allow students to begin full-time enrollment while the change of status is pending. However, the student will not be eligible for F-1/J-1 student benefits until the change of status is approved. For example, a student will not be able to begin on-campus employment (including fellowships or teaching/research assistantships) or receive a stipend, until the change to F-1 or J-1 is approved. 

Denials

If a change-of-status application is denied, the student might have to leave the US immediately.

Permanent Residency

Students who have applied for permanent residency or who are included in someone else's application for permanent residency will probably not be eligible for F-1 or J-1 status. F and J are non-immigrant statuses, and applying for permanent residency shows immigrant intent. Students in this situation should get help from an experienced immigration lawyer.

If, after discussing change of status options with their ISSS advisor, it is determined that a student will apply for a change of status from within the US and file an I-539 with USCIS, they should follow the procedures below:

1. Request a change-of-status I-20 or DS-2019 by submitting the "New Student I-20 Request" or "J-1 Student Request" e-form in ISSS Link. Learn more about the I-20 and DS-2019 request processes:
   • I-20 Request Process
   • DS-2019 Request Process
2. Obtain the I-20/DS-2019 and dependent I-20(s)/DS-2019(s), if applicable, from ISSS.
   • Verify that all information on the document is accurate.
   • Sign and date the bottom of page 1.
3. Pay the I-901 SEVIS fee and print the SEVIS fee receipt.
4. Review the instructions for completing and submitting the I-539 Application to Extend/Change Nonimmigrant Status to USCIS.
   • Students have the option to file a paper application by mail or file online.
     • USCIS instructions for Form I-539
     • USCIS instructions on how to file electronically (e-file)
5. Prepare supporting documentation (see I-539 for list of documents).
6. Submit the I-539 application (including to I-539 filing fee and supporting documents) to USCIS (by mail or by e-filing).
7. While the application is pending:
   • Provide ISSS with a copy of the I-797 receipt notice and any additional notices received from USCIS (approval notice, request for evidence, etc.).
   • Maintain one's current status.

Documentation

1. I-539 filing fee
2. Cover letter (no more than a page long) written to USCIS explaining why the student is seeking a change of status to F/J. The letter should also include the following information:  
   • Student's current status
     • Individuals applying for a change of status to F or J will need to persuade USCIS that they did not have the pre-conceived intention to study in the United States when they initially entered the US. This is especially important if they recently entered the US in B-1/B-2 status.
     • If the applicant is currently in H-1B or L-1 status, give the dates of employment and request the date when they want their F/J status to begin.
   • Student's plans for study at Emory
   • Student's long-term plans (what they plan to do upon completion of their program)
   • Student's non-immigrant intent
     • Keep in mind that F-1 and J-1 are non-immigrant classifications.
     • To be eligible, change of status applicants will need to show that they intend to depart the US upon program completion and have no intention of abandoning a residence in their home country. Examples may include family, property, employment opportunities, bank accounts, other economic ties, etc.
   • A list of all documents included in the petition
3. Financial support documentation (banks statements, assistantship letters, etc.)
   • These documents must show that the students has funding to support themselves (and any F-2 or J-2 dependents) for at least one academic year (F-1 students) or for the duration of the DS-2019 (J-1 students)
   • For a program's current estimated cost of attendance and a list financial documents ISSS accepted for the issuance of an I-20/DS-2019, visit ISSS' Financial Requirements and Estimated Expenses page.
4. Copy of Emory admission letter
   • If the student is already enrolled at Emory in another status, they should also include official transcripts.
5. Copy of the newly issued I-20/DS-2019
   • Be sure to sign and date the bottom of page 1 before making a copy/scan
6. Copy of the SEVIS fee receipt
7. Copies of the student's immigration documents showing they have maintained their current nonimmigrant status:
   • Form I-94
   • Passport biographical page
   • Visa stamp(s)
   • Additional documents based on current status (see below)

Dependents

If a student has dependents requesting F-2 or J-2 status, include:

• documentation verifying their relationship (i.e. marriage license, birth certificate). If these documents are not in English, include a certified translation.
• copies of their immigration documents (passport, visa, I-20/DS-2019, I-94, etc.).

Additional Documents Based on Current Status

In addition to the documents listed above include the following documents specific to the student's current status in the US: 

A or G Status

1. Properly completed and endorsed Form I-566, Interagency Record of Request
   • Instructions for completing Form I-566 can be found on the USCIS website.

F Status 

1. Copies of all previously issued I-20s

If the students is in a dependent status (currently in F-2 status) also include:

2. Copies of documents proving the relationship to the primary visa holder (the F-1)
   • Birth certificate (if a dependent child) or marriage certificate (if a dependent spouse)
   • If these documents are not in English, include a certified translation
3. Copies of the spouse's or parent's immigration documents:
   • I-20s
   • Passport biographical page
   • Visa stamp
   • Employment Authorization Document (EAD card) if the spouse/parent has participated in Optional Practical Training (OPT)
   • Documents proving the primary visa holder has maintained their status such as copies of their transcripts or other proof of enrollment.

H-1B Status

1. Copies of all previously issued forms I-797 showing H status
2. A letter from the H-1B employer confirming current employment
3. Three most recent pay stubs

Note: Students will need to stop working once the change to F-1/J-1 status takes place.

H-4 Status

1. Copies of documents proving the primary visa holder's (the H-1Bs) relationship to the student
   • Birth certificate (if a dependent child) or marriage certificate (if a dependent spouse)
   • If these documents are not in English, include a certified translation
2. Copies of the spouse's or parent's immigration documents
   • All previously issued forms I-797 showing H status
   • Passport biographical page
   • Visa stamp
   • Documents proving the primary visa holder has maintained their status such as an employment verification letter and paystubs for the past 3 months

J Status

1. Copies of all previously issued DS-2019s
2. Copy of the I-612 waiver, if the student was subject to 212(e).
   • For more information on the Waiver of the Exchange Visitor Two-Year Home-Country Physical Presence Requirement, visit the US Department of State's website).

If the student is in a dependent status (currently in J-2 status):

3. Copies of documents proving the relationship to the primary visa holder (the J-1)
   • Birth certificate (if a dependent child) or marriage certificate (if a dependent spouse)
   • If these documents are not in English, include a certified translation
4. Copies of the spouse's or parent's immigration documents
   • DS-2019s
   • Passport biographical page
   • Visa stamp
   • Documents proving the primary visa holder has maintained their status such as copies of their transcripts or other proof of enrollment (J-1 students) or employment verification letter and paystubs for the past 3 months (J-1 scholars).

If a scholar is thinking about changing to an Emory sponsored J-1, they should discuss their plans with their supervisor, Human Resources (HR) representative, and their ISSS advisor. If it is determined that J-1 scholar status is appropriate, the department will submit a J-1 Scholar Request in ISSS Link. Once submitted and approved by an ISSS advisor, ISSS will issue the scholar a DS-2019. 

In general, ISSS recommends that scholars change to J-1 status by traveling outside the US, applying for a J-1 visa at as US consulate or embassy, and re-entering the US. However, if it is determined the scholar will change status by filing an I-539 with USCIS, ISSS will assist with the application process. 

If a scholar is thinking about changing to an Emory sponsored H-1B, they should discuss their plans with their supervisor, Human Resources (HR) representative, and their ISSS advisor. Some considerations include: 

• Most non-immigrants can change to H-1B status. However, if a scholar was a J-1 exchange visitor who is subject to the 2-year home-country physical presence requirement, they cannot change status to H-1B unless they have requested a waiver and been issued an I-612.
• Unless the scholar is authorized to work in their current status, the change of status must be approved before they may begin to work in H-1B status.
• If the scholar is currently in H-1B status and are changing their employment to Emory University, they can begin working for Emory only after Emory's H-1B petition has been submitted to USCIS, and ISSS has received the official USCIS receipt notice.

If it is determined that H-1B status is appropriate, the hiring department will submit an H-1B Request in ISSS Link. Once submitted, the scholar's ISSS advisor will begin to prepare the I-129 petition. The petition will be filed with USCIS and include a request to change status to H-1B from within the US.  If the scholar has upcoming plans to travel abroad or prefer to change status via travel, they should discuss their plans with their ISSS advisor in advance.

If a scholar is thinking about changing to an Emory sponsored O-1, they should discuss their plans with their supervisor, Human Resources (HR) representative, and their ISSS advisor. Some considerations include: 

• Non-immigrants in most status categories can change to O-1 status, but in order to qualify, the scholar must possess "extraordinary ability" and be at the very top of their field. The scholar's position at Emory must also require someone of extraordinary ability.
• The O-1 non-immigrant status can also be used instead of the H-1B if a scholar has exhausted all time in H-1B status or will not qualify for H-1B due to testing requirements for International Medical Graduates (IMGs), for example.
• J-1s/J-2s subject to the two-year home country physical presence requirement may be eligible for O-1 classification. In order to obtain O-1 status, however, they must apply for the O visa abroad and be admitted to the US in O-1 status. After obtaining the initial O-1 status, it can be extended within the U.S.
• If a scholar is already in O-1 status and is changing employment to Emory, they may begin working for Emory only after Emory's O-1 petition has been approved.

If it is determined that O-1 status is appropriate, the hiring department will submit an O-1 Request to ISSS. Once submitted, ISSS will contact the assigned law firm for processing, and they will work with the scholar and the hiring department to file the O-1 petition with USCIS. The petition will include a request to change status to O-1 from within the US. 

Retaining one's own immigration attorney to process an O-1 application is not allowed as O-1 is an employer-driven process (and a foreign national employee is a beneficiary of an Emory's O-1 petition). All immigration applications representing Emory must be reviewed and signed by ISSS.  

If a scholar is thinking about changing to an Emory sponsored TN, they should discuss their plans with their supervisor, Human Resources (HR) representative, and their ISSS advisor. Some considerations include: 

• To qualify for TN non-immigrant status, the scholar must be a citizen of Mexico or Canada and in the US to work in a profession on the approved NAFTA TN list.
• Employment cannot begin without final TN approval unless the scholar is already in a valid status which allows employment at Emory.
• If a scholar is currently in TN status and is changing employers, they can work for Emory only after Emory's TN petition has been submitted to USCIS and an official USCIS approval notice has been received, or after the scholar has left the US and re-entered as a TN with the appropriate Emory documentation.

If it is determined that TN status is appropriate, the hiring department will submit a TN Request in ISSS Link. The TN Request e-form will include questions about how the scholar will obtain TN status. In general, ISSS recommends that scholars change to TN status by traveling outside the US, applying for a TN visa at as US consulate or embassy (citizens of Mexico only), and re-entering the US. The process to file a petition in the US is costly and typically more time consuming. 

However, if submitting a TN petition to USCIS is deemed appropriate, the scholar's ISSS advisor will prepare an I-129 petition. The petition will be filed with USCIS and include a request to change status to TN from within the US. If the TN is approved by USCIS, the scholar will be issued Form I-797 and a new Form I-94. The new I-94, along with an identity document, can be used for employment eligibility certification on Form I-9.

If a scholar is thinking about changing to an Emory sponsored E-3, they should discuss their plans with their supervisor, Human Resources (HR) representative, and their ISSS advisor. Some considerations include:

• To qualify for E-3 non-immigrant status, the scholar must be a citizen of Australia,
• Unless the scholar is authorized to work in their current status, the change of status must be approved before they may begin to work in E-3 status.
• If a scholar is already in E-3 status and is changing employment to Emory, they may begin working for Emory only after Emory's E-3 petition has been approved.

If it is determined that E-3 status is appropriate, the hiring department will submit an E-3 Request in ISSS Link. The E-3 Request e-form will include questions about whether the scholar is already in the US and if so, if they are currently in E-3 status. In general, ISSS recommends that scholars change to E-3 status by traveling outside the US, applying for an E-3 visa at as US consulate or embassy, and re-entering the US. The process to file a petition in the US is costly and typically more time consuming.

However, if submitting an E-3 petition to USCIS is deemed appropriate, the scholar's ISSS advisor will prepare an I-129 petition. The petition will be filed with USCIS and include a request to change status to E-3 from within the US. If the E-3 is approved by USCIS, the scholar will be issued Form I-797 and a new Form I-94. The new I-94, along with an identity document, can be used for employment eligibility certification on Form I-9.

Emory sponsored international students and scholars should discuss their plans with their ISSS advisor prior to pursuing a change in non-immigrant status or an adjustment of status to an immigrant category (i.e. permanent residency/green card). ISSS advisors can answer questions about how these applications might affect one's current Emory-sponsored status, and if applicable, ability to work for Emory. Students and scholars may want to get help from an experienced immigration attorney as ISSS can't advise on one's rights or responsibilities once those applications have been processed and/or assist with any non-Emory sponsored immigration applications.

Resources:

• For help finding an immigration attorney: AILA (American Immigration Lawyers Association) Lawyer Search
• For more information on changing to another non-immigrant status (i.e. B-1/B-2): USCIS' Change My Nonimmigrant Status
• For more information on how to apply for permanent resident status (also known as applying for a Green Card): USCIS Adjustment of Status

Students whose immigration status changes while enrolled at Emory or during a period of Post-Completion OPT or Academic Training should notify their ISSS advisor. The ISSS advisor may request documentation from the students so that ISSS can properly "close" the student's SEVIS record and update Emory's information system (OPUS). Students who are employed by Emory University will also need to update their paperwork with Human Resources.

Scholars whose immigration status changes must notify their ISSS advisor and their host/hiring department's Human Resources (HR) representative. The scholar's ISSS advisor may request documentation from them so that they can properly "close" their SEVIS record (J Exchange Visitors only) and update our scholar files. If the new status allows the scholar to continue employment with Emory, the scholar will need to update their paperwork with Human Resources.