CHANGE OF STATUS APPLICATIONS

Adjusting Your Status Without Leaving the United States

For many individuals already in the U.S. on a temporary visa, applying for a Change of Status (COS) can open the door to new opportunities. Whether you’re here as a student, worker, or visitor, U.S. immigration laws may allow you to switch to a different nonimmigrant status or begin the process of applying for permanent residence—without having to leave the country.


What is a Change of Status Application?

A Change of Status application allows certain nonimmigrants legally present in the U.S. to switch from one visa category to another. This process is handled by U.S. Citizenship and Immigration Services (USCIS) and typically requires the filing of Form I-539, Application to Extend/Change Nonimmigrant Status, or other appropriate forms depending on the visa type.


Who is Eligible?

You may apply for a change of status if:

  • You are currently in the U.S. on a valid nonimmigrant visa.
  • You have not violated the terms of your current visa.
  • Your current status has not expired.
  • You meet the requirements for the new visa classification.


Common Situations Include:

  • A student (F-1) changing to an employment-based visa (H-1B).
  • A visitor (B-2) changing to a student visa (F-1).
  • A temporary worker changing to another employment category.
  • Changing from a nonimmigrant visa to apply for lawful permanent residence (green card).


Who is Not Eligible?

You cannot apply for a change of status if:

  • You entered the U.S. under the Visa Waiver Program.
  • You are in transit (C visa) or crew member status (D visa).
  • You are in J status and subject to the two-year home residency requirement (unless waived).
  • Your authorized stay has expired.


The Application Process

Determine Eligibility – Review whether your current visa type allows a change of status.

  • File the Proper Forms – Usually Form I-539 for nonimmigrants, or other forms depending on your situation.
  • Submit Supporting Documents – Proof of current status, financial ability, acceptance letters (if applying for study), or employment documentation.
  • Pay USCIS Fees – Application and biometric fees may apply.
  • Await USCIS Decision – Processing times vary; applicants must remain in legal status while the case is pending.


Benefits of a Change of Status

  • Remain in the U.S. legally while pursuing new opportunities.
  • Avoid costly international travel to reapply for a visa abroad.
  • Transition to a visa that better fits your goals, whether study, work, or family-based residency.


Challenges and Considerations

  • Timing is Critical: File before your current status expires.
  • USCIS Processing Delays: Applications may take months, so plan early.
  • Strict Documentation: Missing or incorrect information can result in denial.
  • Employment Restrictions: You may not begin work or study until your new status is approved.


How We Can Help

Applying for a Change of Status can be complex and stressful. Our experienced immigration team offers:

  • Guidance on eligibility and visa options.
  • Assistance preparing and submitting Form I-539 or other applications.
  • Support with required evidence and documentation.
  • Legal representation if complications arise.


Take the Next Step Today

If you are considering a Change of Status application, don’t risk your immigration future. Contact us today for a consultation and let us help you successfully navigate the process.