Key Takeaways:
- An M1 visa is a non-immigrant visa for international students attending vocational or non-academic institutions in the US.
- To change from a B2 to an M1 visa, one must be eligible and follow a specific process, including enrolling in a SEVP-certified school.
- Changing visa status offers educational opportunities but also comes with disadvantages such as a lengthy process and limited work options.
Understanding the B2 to M1 Visa Transfer Process
The pathway from visiting the United States as a tourist to becoming a vocational student involves transitioning from a B2 visa to an M1 visa. Many visitors to the U.S. discover educational opportunities during their stay and may wish to change their visa status to engage in vocational or non-academic studies. However, this process involves a series of steps that must be carefully followed to ensure compliance with U.S. immigration laws.
What is an M1 Visa?
Before diving into the process, it is essential to understand what an M1 visa is. An M1 visa is a non-immigrant visa for international students who wish to attend vocational or other recognized non-academic institutions, other than language training programs, in the United States.
Eligibility for Changing Visa Status
Not everyone on a B2 visa can switch to an M1 visa. To be eligible for this status change, you must:
- Have entered the United States with a nonimmigrant B2 visa.
- Have maintained your nonimmigrant status.
- Not have enrolled in a course of study before approval of the status change.
Furthermore, the status change must be for legitimate reasons, and you can’t apply if it appears that you had preconceived intentions to study in the U.S. when you applied for a B2 visa.
Steps to Transfer from B2 to M1 Visa
- Enroll in a SEVP-Certified School: The first step is to get accepted by a school approved by the Student and Exchange Visitor Program (SEVP).
Pay the SEVIS I-901 Fee: Once accepted, the school will enroll you in the Student and Exchange Visitor Information System (SEVIS), and you will need to pay the I-901 SEVIS fee.
Form I-539: After receiving your Form I-20 from the SEVP-certified school, you need to file Form I-539, Application to Extend/Change Nonimmigrant Status with U.S. Citizenship and Immigration Services (USCIS). You must submit this form and the I-20 to USCIS prior to the expiration date on your I-94, which indicates the duration of your B2 visa stay.
Await Approval: Wait for the approval without enrolling in classes or beginning your studies until the status change to M1 is granted. Starting your course while your application is pending may result in the denial of the transfer.
Advantages of Visa Status Change from B2 to M1
Changing your visa status offers several advantages:
- Educational opportunities: It allows you to pursue vocational training in the U.S., which might not be available in your home country.
Legal compliance: You can study legally in the U.S. without violating the terms of your B2 visa.
Avoiding the hassle of reapplying: Changing status within the U.S. eliminates the need to return to your home country to apply for an M1 visa there.
Disadvantages of Changing Visa Status
The visa status change comes with a few disadvantages:
- Lengthy Process: The process may take several months, and your start date could be delayed.
No Guarantee of Approval: Approval is not guaranteed; USCIS must deem the change of status to be based on legitimate reasons.
Cost: There are fees associated with the SEVIS I-901 and the Form I-539.
Limited Options for Work: M1 visa has strict rules about employment. You’re typically not allowed to work off-campus and can only start practical training after completing your studies.
In conclusion, transferring from a B2 visa to an M1 visa is a process that requires careful planning and understanding of the rules. By following the required steps and being aware of both the advantages and potential setbacks, you can ensure a smoother transition to student status. Always refer to the official USCIS website or consult with an immigration attorney for the most current guidance and personalized legal advice.
Additional Resources
For more information on the B2 to M1 visa transfer, and to find SEVP-certified schools, the following resources are invaluable:
Remember, maintaining legal status in the U.S. is paramount. Ensure thorough preparation and understanding of the process before undertaking the B2 to M1 visa transition.
Still Got Questions? Read Below to Know More:
Do I need to inform my home country’s embassy about changing from a B2 to an M1 visa while in the U.S
When you change your visa status from a B2 (Tourist) visa to an M1 (Vocational Student) visa while in the United States, you do not typically need to inform your home country’s embassy about this change. The process of changing visa status is managed by U.S. Citizenship and Immigration Services (USCIS) and generally does not involve your home country’s government.
However, it is always a good idea to keep your passport and information with your home country’s embassy up to date. They can provide assistance in case of emergencies, or if you lose your passport. You should review any reporting requirements your home country might have for citizens living abroad. You can visit your home country’s embassy website for specific information regarding their policies.
Remember to file Form I-539, “Application to Extend/Change Nonimmigrant Status” with USCIS before your current B2 visa expires. Following the proper procedures will ensure that you maintain legal status in the United States. For authoritative immigration sources, visit the official USCIS website and their instructions for Form I-539: https://www.uscis.gov/i-539.
Are there restrictions on taking a short non-vocational course on my B2 visa while waiting for the M1 switch
Yes, there are specific restrictions on studying in the United States while on a B2 tourist visa. Individuals on a B2 visa are generally not permitted to enroll in a course of study until they have changed their nonimmigrant status to an F-1 or M-1 student visa. According to the U.S. Citizenship and Immigration Services (USCIS), “an individual in B-1 or B-2 status may not enroll in a course of study until USCIS has approved his or her change of status application.” Here are the key points regarding your situation:
- Enrolling in Non-Vocational Course: If the short course you intend to take is recreational or a non-vocational (leisure) course, such as a two-day cooking class, you might be able to participate in it while on a B2 visa, provided that the course does not count toward a degree or academic certificate.
Change of Status: To switch from a B2 to an M1 visa for the purpose of vocational or non-academic study, you must apply with USCIS before starting the M1-related course. You cannot commence your intended vocational study on a B2 visa waiting for the M1 switch to be approved.
Consult Official Sources: Always refer to official immigration resources or consult with an immigration attorney for advice tailored to your specific circumstances. You can read more about the regulations and process on the USCIS website (Change of Nonimmigrant Status) Change My Nonimmigrant Status | USCIS and the U.S. Department of State’s Visitor Visas – Business and Pleasure page Visitor Visas – Business and Pleasure.
Please ensure that you follow the proper legal steps to adjust your status to avoid violations of U.S. immigration laws, which could negatively affect your ability to remain in the country or return in the future.
Can I travel within the U.S. and explore different vocational schools before deciding where to apply for my M1 visa change
Yes, you can travel within the U.S. to explore different vocational schools before deciding where to apply for your M1 visa change. The M1 visa is specifically designed for international students who wish to attend non-academic or vocational schools in the United States. Here’s what you need to keep in mind while planning your visits:
- Maintain Legal Status: Ensure that you maintain your legal status while you are in the U.S., adhering to the terms of your current visa.
- Timeframe: Apply for your M1 visa at least 60 days before the start date of your program but not more than six months in advance.
- Documentation: Collect information and brochures about the schools, which could be useful for your M1 visa application.
Once you have chosen a vocational school, you will need to apply for an M1 visa change. This process will involve:
- Being accepted by a SEVP-certified school
- Receiving an I-20 form from the school
- Applying to USCIS for a change of status before your current stay expires
For more detailed information, you can visit the official U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) website and check their guidelines on the M1 visa: SEVP ICE. Additionally, refer to the U.S. Citizenship and Immigration Services (USCIS) for change of status requirements: USCIS Change of Status.
Remember, although you can visit schools, you cannot begin your studies until the M1 visa change is approved. As stated by USCIS:
“You may not begin attending school as a vocational student until the change of status is approved.”
Please consider consulting with an immigration attorney or official representative for personalized guidance adapted to your specific circumstances.
If my child is on a B2 visa, can they attend high school in the U.S. while I change to an M1 visa
Generally, a child on a B2 visa, which is a tourist visa, is not permitted to enroll in a course of study in the United States. As per the U.S. Customs and Border Protection:
“Visitors to the U.S. may not study on a visitor’s visa. If your primary reason for travel is study in the U.S., you must apply for a student visa.”
If you, as a parent, are changing to an M1 visa (which is a type of student visa for vocational or non-academic studies), and you wish for your child to attend high school in the U.S., your child must change their visa status to an F1 visa. An F1 visa is specifically designed for academic studies. The process of changing status from B2 to F1 can be complex and typically requires:
- Applying to a Student and Exchange Visitor Program (SEVP)-certified school.
- Receiving a Form I-20 from the school.
- Paying the I-901 SEVIS fee.
- Applying to change nonimmigrant status with USCIS before the B2 visa expires.
Your child cannot start high school until the F1 visa is approved. For more information, you can visit the U.S. Citizenship and Immigration Services (USCIS) website on changing to a nonimmigrant student status (USCIS Change of Status) and the Department of Homeland Security’s Study in the States guide (Study in the States).
In conclusion, while on a B2 visa, your child cannot legally attend high school in the United States. To do so, they must obtain an F1 student visa following the correct procedures, prior to the commencement of their studies.
Can I visit my family back home after applying for an M1 visa change of status, but before it’s approved
If you have applied for a change of status to an M1 visa and are considering visiting your family back home before your application is approved, it is important to understand the potential consequences:
- Leaving the US While Application is Pending: If you leave the United States while your change of status application is pending, the United States Citizenship and Immigration Services (USCIS) generally considers your application to be abandoned. This means that “if you depart the United States while your change of status application is pending, USCIS will consider your application abandoned”. USCIS’s Change of Status FAQ
Re-entry into the US: In order to re-enter the US, you would need to have a valid M1 visa. This means you’ll have to apply for the M1 visa at a US consulate or embassy in your home country. This process will require you to go through the visa application process, including an interview. Keep in mind that there is no guarantee of visa approval.
Future Implications: It’s crucial to consider the timing and consequences of your travel. If you were to leave before your change of status is approved, you would need to disclose this during your M1 visa interview. The consular officer would be aware that a change of status application had been filed and abandoned, which could potentially impact their decision on your visa application.
In conclusion, while you can technically visit your family after applying for an M1 visa change of status, it is important to be aware that doing so will likely lead to your pending application being considered abandoned by USCIS. To maintain continuous immigration status, it may be advisable to wait for the change of status to be approved before leaving the United States. If your presence is required back home and travel is unavoidable, you should be prepared for the visa application process in your home country and the potential risks associated with leaving a pending application behind.
Learn today
Glossary or Definitions:
- B2 Visa: A non-immigrant visa category that allows individuals to temporarily visit the United States for tourism or medical treatment purposes.
M1 Visa: A non-immigrant visa category specifically designed for international students who wish to pursue vocational or other recognized non-academic programs at SEVP-certified institutions in the United States.
Nonimmigrant Status: The temporary legal status granted to individuals under a non-immigrant visa category, such as B2 or M1, allowing them to reside and engage in authorized activities in the United States for a specified period.
SEVP-Certified School: An educational institution that has been approved by the Student and Exchange Visitor Program (SEVP) to enroll international students and issue Form I-20, which is required for visa applications and changes of status.
SEVIS (Student and Exchange Visitor Information System): A web-based system maintained by the U.S. Department of Homeland Security to track and monitor F-1, M-1, and J-1 international students and exchange visitors during their stay in the United States.
SEVIS I-901 Fee: A fee required to be paid by individuals who are planning to study in the United States on an F or M visa. The fee helps fund the operation of the SEVIS system.
Form I-539: An application form used to request a change of nonimmigrant status or an extension of stay in the United States. In the context of the B2 to M1 visa transfer process, it is required to apply for a change of status from B2 to M1.
USCIS (U.S. Citizenship and Immigration Services): The government agency responsible for processing immigration benefits and applications, including visa status changes and extensions.
I-20 Form: A document issued by a SEVP-certified school to an international student, which certifies their eligibility to apply for an F or M visa, enroll in classes, and maintain legal student status.
I-94: An Arrival/Departure Record issued by U.S. Customs and Border Protection (CBP) to foreign visitors upon entry to the United States. It contains important information about the individual’s authorized period of stay and their non-immigrant classification.
Status Change: The process of transitioning from one non-immigrant visa category to another while remaining in the United States. In the context of the B2 to M1 visa transfer, it refers to changing from B2 nonimmigrant status to M1 student status.
Legitimate Reasons: Valid or acceptable justifications or motivations for a change of visa status, as assessed by USCIS, such as the desire to pursue vocational training not available in the home country.
Preconceived Intentions: A term used to describe the situation when an individual is believed to have planned or intended to engage in activities that are inconsistent with the purpose of the visa they originally applied for. In the B2 to M1 visa transfer process, having preconceived intentions to study in the U.S. when applying for a B2 visa may affect eligibility for a change of status.
Practical Training: A period of employment or work experience related to the student’s field of study. In the case of M1 visa holders, practical training may be allowed after completing their studies.
Denial: The rejection of an application or petition by USCIS, indicating that the requested action, such as a change of visa status, has not been approved.
USCIS Website: The official website of U.S. Citizenship and Immigration Services, which provides comprehensive and up-to-date information about immigration procedures, forms, and requirements.
Immigration Attorney: A legal professional specializing in immigration law who can provide personalized advice and guidance on immigration matters, including visa applications, changes of status, and compliance with immigration laws.
Legal Compliance: The act of adhering to the laws, regulations, and requirements established by the U.S. government pertaining to immigration and the status granted under a specific visa category.
Reapplying: Submitting a new visa application, usually from outside the United States, after a previous application has been denied or after a visa has expired.
Personalized Legal Advice: Guidance and recommendations tailored to an individual’s specific circumstances, provided by an immigration attorney based on a thorough understanding of the relevant laws and regulations.
In conclusion, the process of transferring from a B2 visa to an M1 visa requires careful navigation and adherence to immigration laws. Understanding eligibility criteria and following the necessary steps is crucial for success. Want to dive deeper into the world of visas? Explore more on visaverge.com for comprehensive resources and expert insights. Happy exploring!
