The U.S. Citizenship and Immigration Services (USCIS) announced a new and welcome policy guideline for applicants filing Change of Status (COS) to F-1 student status in the United States. USCIS eliminated the rule implemented in April 2017 requiring individuals with F-1 Student change of status application to apply for a separate and additional change or extend their status while their F-1 COS was pending.

Under the earlier policy, applicants were required to maintain status up to 30 days before the program start date listed on their Form I-20, Certificate for Eligibility for Nonimmigrant Student. This required individuals to file an extension or an initial COS in order to maintain their current status or another nonimmigrant status up to 30 days before the report date on Form I-20. This was called a bridge petition. This policy predominantly affected children of nonimmigrants who were aging out of being derivative beneficiaries under their parent’s nonimmigrant status and individuals who initially came to the U.S. on a B-2/B-1 nonimmigrant visa. USCIS went as far as suggesting fling B-2 COS or extension of status for those who were aging out or did not have another legal status to cover the gap. If, as expected there is a  delayed USCIS’ processing of the nonimmigrant’s COS resulting in subsequent deferment of the program start date, the prospective student was then required to file for an additional change of status or extension of status to continue to cover the gap. This resulted in many nonimmigrants accruing unnecessary costs since USCIS processing times are inevitably delayed resulting in multiple applications filed by one applicant.

Today’s policy update by USCIS takes us back to the policy in place before April 2017. This is a fair and just change in policy. USCIS will now start granting a change of status to F-1 effective the day they approve the applicant’s COS. If the approval date is more than 30 days before the prospective student’s program start date, the student must maintain his or her F-1 student status. Therefore, prospective students should ensure they are not engaging in unauthorized employment, withdrawal of classes without advance permission from the school, or failure to enroll in classes to list a few of the violations of status.

If you have questions about your Change of Status application to F-1 or any related immigration question, contact an attorney at ILBSG. Our experience and dedication to your case will ensure you get the right advice.

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