A change of status allows you to switch from one nonimmigrant visa category to another while remaining in the United States — without having to leave and apply at a consulate. The process is filed using Form I-539 for most categories, or Form I-129 for employment-based changes (like B-1 to H-1B).
Key Facts
Filing fee: $370 (I-539) + $85 biometrics. Processing: 3–8+ months. Premium processing ($2,075) available for some I-539 categories. You must file before your current status expires. You cannot work until the new status is approved (unless the new category allows it).
What Is Change of Status?
Change of status (COS) allows a nonimmigrant already in the United States to switch from one visa classification to another without leaving the country. For example, changing from B-2 (tourist) to F-1 (student), from F-1 to H-1B, or from H-1B to L-1. The application is filed using Form I-539 (for most nonimmigrant categories) or Form I-129 (for employment-based classifications like H-1B, L-1, O-1).
Common Changes of Status
B-1/B-2 to F-1: Tourist to student. Must show you were admitted in valid B status and were not planning to attend school at the time of entry (preconceived intent is a ground for denial). F-1 to H-1B: Student to specialty worker. Typically done through the H-1B lottery. See our F-1 to H-1B guide. B-2 to any work visa: Tourist to H-1B, L-1, or O-1. Common but requires showing no preconceived intent. H-1B to H-4: Worker to dependent status (e.g., if you stop working). J-1 to H-1B: Exchange visitor to work visa. May require a J-1 waiver if subject to the 2-year home residency requirement.
Requirements
To be eligible for a change of status, you must be in valid nonimmigrant status (not overstayed), have been lawfully admitted to the U.S. (inspected and admitted or paroled), not be in removal proceedings, not have violated the conditions of your current status (e.g., unauthorized employment), and not be subject to certain bars (such as the J-1 two-year requirement without a waiver).
Filing and Processing
File Form I-539 ($370) for changes to student, visitor, or dependent statuses. File Form I-129 ($460+) for changes to work visa classifications (H-1B, L-1, O-1, etc.). Processing times range from 3-8 months for I-539 and 2-6 months for I-129. Premium processing ($2,805) is available for I-129 changes. While your change of status is pending (and was timely filed), you are generally considered to be in authorized stay, but you cannot work unless you have separate work authorization.
The 30/60/90-Day Rule
If you enter the U.S. on a B-1/B-2 and file for a change of status within 30 days of entry, USCIS presumes you had preconceived intent to change status — which is a misrepresentation ground. Between 30-60 days, the presumption is weaker but still scrutinized. After 90 days, the presumption dissipates. Best practice: wait at least 60-90 days after B-1/B-2 entry before filing a COS to avoid preconceived intent issues.
Change of Status vs Extension of Stay
Change of status switches you to a different visa category. Extension of stay keeps you in the same category but extends the duration. Both use Form I-539, but they are different requests. For example, extending your B-2 tourist visa for 6 more months is an extension (see our B-2 extension guide). Switching from B-2 to F-1 is a change of status.
Warning: A change of status changes your I-94 but does not give you a new visa stamp. If you leave the U.S. after a COS, you will need to obtain a new visa stamp at a consulate abroad matching your new status before re-entering. Plan accordingly before any international travel.
Last verified: April 2026 · Reviewed by USImmigrationLaw.Today editorial team.