Are B1/B2 visa holders allowed to enroll in study programs in the US? The answer is No. But there are legal options available under US immigration laws that can help a visitor shift to a study visa from a tourist visa.
Those international visitors looking to visit the US temporarily, either as tourists or on a short business trip, are issued visitor visas, which are non-immigrant visas. In such cases, the United States temporarily issues a B-1 visa for business purposes and a B-2 visa for tourism, or a B1/B2 visa for a combination of both purposes.
B1/B2 visas are essentially visitor visas and do not allow foreigners to do anything other than what is stated in the visa conditions. International visitors to the US holding B1/B2 visas are non-immigrants and are allowed to stay in America for a short duration only.
Importantly, birth tourism, i.e. travel for the primary purpose of giving birth in the United States to obtain U.S. citizenship for their child, is not permissible on a visitor visa.
One wrong move could cost international visitors their American dream forever. An individual on a visitor visa (B1/B2) is not permitted to accept employment or work in the United States. As per federal regulations, B-1 and B-2 nonimmigrants i.e., visitors who are in the United States for business and tourism purposes, are prohibited from enrolling in a course of study at a U.S. Student and Exchange Visitor Program (SEVP)-certified school.
However, if you are a B-1 or B-2 nonimmigrant and wish to study at a U.S. school, you must file a Form I-539 which is an ‘Application to Extend/Change Nonimmigrant Status,’ with the U.S. Citizenship and Immigration Services (USCIS) to change to either an F-1 or M-1 status and pay the required fee and include the required documents listed in the instructions.
F-1 visas are issued to international students for enrolling in a U.S. Student and Exchange Visitor Program (SEVP)-certified school.
While your Form I-539 is pending, you must maintain your B-1 or B-2 status and cannot enroll in your SEVP-certified program until USCIS approves your change of status request. If you enroll in a course of study as a B-1 or B-2 nonimmigrant before receiving authorization, it will result in a status violation and ineligibility to extend your B status or change to F-1 or M-1 status in the future.
If USCIS has not adjudicated your change of status at least 15 days before the program start date on your Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” you may have to contact the designated school official at your new school, as you may need to defer your attendance to a later start date.
USCIS may only approve your Form I-539 change of status request if you are maintaining your B-1/B-2 status up to 30 days before your program’s initial start date. This means that under certain circumstances, you may need to file a second Form I-539, with a separate fee, to request an extension of your B-1 or B-2 status. Because extending your current stay in B-1 or B-2 status and changing from B-1 or B-2 to F-1 or M-1 status are two distinct benefits, you must pay a separate filing fee for each request.
You may wish to change your non-immigrant status if you are already in the United States on a valid non-immigrant visa for a purpose other than attending school and want to study at a U.S. Student and Exchange Visitor Program (SEVP)-certified school.
If you are changing status from B-1/B-2 to F or M student, refrain from enrolling in or beginning your studies until USCIS has approved your change of status. Enrolling in a course of study while in B-1/B-2 status, or any status that does not permit you to enroll in a program of study, will result in a status violation. You are not eligible for a change of status in the United States if you entered as a visitor through the visa waiver program.
If you meet the criteria above and want to change your status while you remain in the United States, you must submit an application with USCIS to change your nonimmigrant status by following these steps:
Apply to and receive acceptance from an SEVP-certified school.
Obtain an initial Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” from the SEVP-certified school.
The designated school official (DSO) should give a change of status in the Issue Reason section of the Form I-20.
Pay the I-901 SEVIS Fee.
File a Form I-539, “Application to Extend/Change Nonimmigrant Status,” with USCIS.