Change of Status

If a student is present in the U.S. in a status other than F-1 Student, and they want to change to an F-1 student status, they can:

  • Exit the U.S. and apply for an F-1 visa at a U.S. Embassy or Consulate
  • Remain in the U.S. and file a Form I-539 with USCIS to apply for Change of Status (COS)

Process Options & Summary

To change to an F-1 Student status, the student will be issued a Form I-20 from the University. The I-20 ISSA issues will be based on how the student proceeds. In short, the two processes are:

ISSA issues an INITIAL Form I-20. The student leaves the U.S. with the INITIAL Form I-20, applies for the new F-1 visa at the U.S. Embassy or Consulate, and then re-enters the U.S. with the Form I-20 and new F-1 visa stamp. The student has the F-1 status upon entry to the U.S.

ISSA issues a Change of Status Initial Form I-20. The student remains in the U.S. and files an I-539 Change of Status application with U.S. Citizenship and Immigration Services (USCIS) to change from your current status to F-1 status. Once this application is submitted, this petition could take USCIS 12-18 months to adjudicate, unless the applicant submits an I-907 Premium Processing application and fee. USCIS introduced Premium Processing in June 2023. More information about filing the I-539 application online can be found here; more information about premium processing can be found here.

While this page addresses the process for applying for a Change of Status in the U.S., students can find:

  • More general information about applying for an F-1 student status here.
  • More specific information about applying for an F-1 visa at the U.S. Embassy here.

ISSA strongly recommends that students apply at the U.S. Embassy or Consulate for a new visa status, but we understand that circumstances may prevent the student from exiting the U.S. to do so. 

Who is eligible to apply in the U.S.?

The information below is focused on changing to an F-1 Student immigration status, and it is most applicable for students who:

  • began their studies at the University in a dependent status, like L-2, A-2, or J-2, who need to change to an F-1 student status prior to the completion of their program
  • are present in the U.S. as a dependent visa holder, like F-2 or J-2, and have been accepted to a Notre Dame program

A student who is present in the U.S. but does not have a valid immigration status should consult with an experienced immigration attorney before attempting to file a change of status petition. Generally, students who do not have a valid immigration status are ineligible to file a change of status petition, but an experienced immigration attorney can guide the individual student based on their particular circumstances.

Changing to F-1 Status in the U.S.

If you are considering a change of status to F-1 student status in the U.S., there are some essential notes to understand about the process:

  • If your plans change, and you decide to exit the U.S. to apply for an F-1 visa at a U.S. consulate, ISSA will need to issue a new I-20 for that Initial application
    • Submit the Updated I-20 Request Form in ISSAlink.
    • This results in a new SEVIS ID number and the student will have to transfer the I–901 fee to the new I-20. 
  • There is no guarantee the change of status petition will be processed on your preferred timeline, though you may pay for Premium Processing, which will expedite a response.
    • Current processing times without Premium Processing have been 12-18 months. 
    • If the F-1 status is not approved by the start of the semester, we will have to defer the program start date on the I-20, and the student will need to defer their enrollment plans.
  • You are eligible to apply if you were lawfully admitted to the U.S. in a non-immigrant status and did not violate the conditions of their status.
  • You must maintain your current status while the Change of Status petition is pending.
  • While the Change of Status Initial I-20 allows you to apply to change your status within the U.S., if you exit the U.S. in the future, you will have to apply for an F-1 visa to re-enter the U.S.
  • If you exit the U.S. while the application with USCIS is pending, your application will be canceled;
    • You will need to request an Initial I-20 from ISSA and apply at a U.S. consulate for a visa stamp to re-enter.

Changing to F-2 Status in the U.S.

While the information above generally applies, it's particularly important to note that the original status MUST be maintained until the F-2 status is approved. If the student is in F-1 status, then they are subject to the enrollment and reporting requirements of their current status until the F-2 is approved. 

To initiate the change of status to F-2, the F-1 Student must request a dependent I-20 via ISSAlink (under Student Services). 

Change of Status Application Process

To apply for a change of status in the U.S., the student will file a Form I-539, Application to Change Nonimmigrant Status with USCIS, as outlined below. This process can be completed online.

*It’s important to remember that a student is only eligible to apply for a change of status to F-1 Student if they are still a bona fide nonimmigrant, meaning they have a current nonimmigrant status and they have not violated the conditions of that status.

Submitting the I-539, Application to Change Nonimmigrant Status

As to the I-539 petition, the student will need to gather the documents below and review the application process at https://www.uscis.gov/i-539. The current fees for filing the Form I-539 online is $420. Premium processing is now available for Form I-539 Change of Status petitions; the cost is $1750 in addition to the filing fee.

If you want to consult with an experienced immigration attorney to assist with the application; you can find a list here.

Gather electronic copies of the following documents to complete the I-539 application online:

  • Biographical page from valid, unexpired passport
  • I-94 Record
  • SEVIS I-901 fee receipt
  • Initial - Change of Status Form I-20 from ISSA
  • Financial documentation demonstrating ability to pay for studies or program
  • Evidence that student or dependent has maintained the current status
  • Signed cover letter providing details including: 
    • why they want to change your status,
    • how they have maintained the current status, and
    • summary of all materials they are submitting.
  • If changing to F-1 status, Notre Dame admission letter

Now the student is ready to file the Form I-539 with USCIS.

While the application is pending, the individual: 

  • should NOT travel outside of the U.S. If they travel abroad while the petition is pending, it will likely result in the denial of the case
  • should notify ISSA if the change of status is not approved by the program start date on the I-20
  • should NOT engage in any employment (on campus or off campus) based upon the anticipated F-1 status

After the student has received the approval notice from USCIS, they should notify ISSA so that we can provide guidance on next steps, including completing the F-1 Registration process or terminating current student status.

Disadvantages for Filing a Change of Status Petition

While the main advantage of filing a Change of Status petition in the U.S. is that you do not need to exit the U.S. while it is processing, there are a number of disadvantages: 

  • The student must pay the I-539 fees now and the DS-160 fee later. 
  • Processing is slow or there are high premium processing fees if the applicant wants to expedite. 
  • There is no information on the progress of the petition while it is pending.
  • Strict limitations on travel outside the U.S. until the petition is approved; exiting the U.S. cancels the petition. 
  • If the current status does not allow employment, the student cannot work on campus or apply for work authorization until the petition is approved. 
  • The application may be denied, which will require the student to exit the U.S. quickly. 

Requesting the Form I-20

Regardless of how the student intends to apply to change their status, they will need an I-20 from the ISSA office. This I-20 can be requested by submitting the Initial Document Request Form in ISSAlink, and uploading the original admission letter, copy of the biographical page of the passport, and funding for at least one year of the program. 

Other Immigration Status Changes

If you will be changing from your current F-1 or J-1 status to another immigration status, including F-1 to F-2 and F-1 to H-1B, please reach out to the ISSA team to discuss your options and responsibilities for maintaining your current status.

If you need to report a change of status from F-1 or J-1, please submit the appropriate End of Statue form in ISSAlink.