Change of Status to F-1 or J-1

ALERT: On 06/10/2023, U.S. Citizenship and Immigration Services announced the expansion of premium processing for applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, and seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 nonimmigrant status. Online filing of Form I-907, Request for Premium Processing Service, will also be available for these applicants.

Read more here.

Overview

Those in the U.S. in certain immigration categories may wish to or need to change status to F-1 or J-1 in order to begin or continue an educational or exchange program at Rutgers University. This page includes information on how to apply for a change of status to F-1 or J-1.

An F-1 or J-1 student is a nonimmigrant who is pursuing a full course of study to achieve a specific educational objective at an academic institution in the U.S. Once the educational objectives have been achieved (including any authorized employment period following program completion), the F-1 or J-1 student is expected to return to his or her residence abroad or change to a different immigration status.

In any application for change of status, the applicant will need to explain why they did not originally enter the U.S. in the status now being requested. A change of circumstances or intention should be documented or explained to make the application acceptable. For example, the U.S. Citizenship and Immigration Services (USCIS) office may deny a request by an F-1 student to change to J-1 status if the USCIS officer believes that the reason for the change is primarily to enable the dependents to apply for permission to accept employment.

Procedure to apply for Change of Status

1. Determine how to obtain F-1 or J-1 status
There are two possible ways to obtain F-1 or J-1 student status:

Obtaining F-1 or J-1 Status via Travel

This entails obtaining an I-20 or DS-2019 issued by the appropriate Rutgers office, traveling outside the United States and applying for an F-1 or J-1 visa at a U.S. consulate abroad, preferably in your home country (Canadian citizens are exempt from the visa requirement), and then returning to the United States where you will be granted F-1 or J-1 status upon re-entry. At the Port of Entry, your electronic I-94 record will be updated to show your status as F-1 and the Admit Until Date as D/S, which confirms F-1 status. 

Please note that Canadian citizens are exempt from the requirement of a having an F-1 visa to re-enter the U.S. in F-1/J-1 status. But travel and re-entry are still required for Canadian citizens to obtain F-1/J-1 status.

We encourage you to meet with an international student adviser to discuss your plans and visa application considerations. 

Obtaining F-1 or J-1 Status While Remaining in the United States

This process entails obtaining a Form I-20 or DS-2019 from the appropriate Rutgers office and submitting it with an application for "change of status" or a Form 1-539 to the United States Citizenship and Immigration Services (USCIS). Please note that if you choose to apply for change of status within the U.S., you will not receive an F-1/J-1 travel visa, only F-1/J-1 status. This means that if you later travel outside the U.S. while in F-1/J-1 status, you will have to apply for F-1/J-1 visa at a U.S. consulate in order to be able to return to the U.S.

Students considering applying for a change to F-1 or J-1 status while remaining in the United States are strongly encouraged to consult with an immigration attorney, especially if their current legal status will expire within less than one year. 

2. Request a New International Profile & Certificate of Eligibility
Newly admitted students will receive the Form I-20 or DS-2019 from admissions or from Rutgers Global–International Student and Scholar Services (Rutgers Health) if an Rutgers Health (formally RBHS) student. Currently enrolled Rutgers students must request an I-20 or DS-2019 from Rutgers Global–International Student and Scholar Services. Make an appointment with an international student adviser to discuss your individual situation. Appointments must be made online here. Bring your passport and copy of current I-94 record with you for the appointment. 

3. Complete check-in procedure after acquiring F-1 or J-1 status. 
Once the change of status has been approved (whether through travel or inside the U.S.), you must notify our office and complete an online check-in procedure through the RGlobal Portal. Use your Rutgers NetID and password to login to your RGlobal account to submit the check-in form (available under “Orientation” in the RGlobal portal). Failure to do so can jeopardize your legal status.

Important Considerations BEFORE Applying for Change of Status while remaining inside the U.S.

• You must be eligible to apply for an Application to Change Non-Immigrant Status using the Form I-539. 
  USCIS updated their guidance on Changing to a Nonimmigrant F Student Status in July 2021.
  
  Individuals holding nonimmigrant status C, D, K, WB or WT are not eligible to change to any other status within the U.S. In addition, individuals currently in J status (including J-2) who are subject to the Two-Year Foreign Residency Requirement INA 212(e) may not change status in the U.S. unless a waiver has been granted.

• Your current nonimmigrant status should be valid at the time of filing the change of status application. 

• The processing time for a change of status within the U.S. can be quite lengthy, which could affect the result of your request and delay your academic progress. 

• Premium Processing is now available to students trying to switch to the F or J status. Read more on this from USCIS directly here. 

• Your application should not be submitted earlier than 90 days from your last entry or any other status related change.

• You should not leave the U.S. while the change of status application is pending with USCIS.
  -- This will cause an abandonment of the application.
  -- Your SEVIS record may no longer be valid upon departure

• F-1 or J-1 status students at Rutgers pay an international student fee each semester (barring a few exceptions). Please see here for more information.

• F-1 and J-1 students must have adequate insurance coverage each semester of enrollment. Waivers for the school provided insurance are approved through our office. Please see here for more information.

• Your current immigration status will determine if you can begin studying while the change of status is pending or if you must wait for approval.

If you are currently in F-2 status:
Source: 8 CFR (Code of Federal Register) § 214.2(f)(15)(ii)
Individuals in F-2 status are eligible for part time study. Refer to F-2 Dependents page for details. However, once your change of status to F-1 is approved, you are required to be enrolled full time. If your change of status has not been approved by the deadline for adding/dropping classes, your I-20 start date will be deferred until the start of the next semester and you must stay enrolled part time until the end of the current semester in order to maintain your F-2 status.

If you are currently in B1/B2 status:
Source: 8 CFR § 214.2(b)(7) and §248.1(c)
Individuals in B1/B2 status are prohibited from “enrolling in a course of study” until after USCIS approves their change of status application.

If you are currently in any other status (e.g., H, L, E, etc.):
If your current status allows full-time studies in the U.S., you may start classes before your change of status application is approved. However, you are not allowed employment under F-1 status until after your application is approved. For example, if you have an assistantship, you won’t be able to start it until after you receive your F-1 status.