New Policy for F1 Applicants in the US

The US Citizenship and Immigration Services recently announced a new policy that pertains to non-immigrants who wish to study in the US but have to apply for a change of status as they entered into the US under a different visa. An example is when a tourist visa holder comes to the US then realizes that he wants to remain and study here. The old rule was that he has to be in status up to 30 days before the program date of his student visa. If not, he has to file an extension of status of his current visa or apply for a change of status in order for him to have a “bridge” if ever there is a gap in his status. Thus, if his I-94 date expires on July 30 and his student program will not begin until September 1, he has to file an extension of his present B2 status until 31st of August for him not to lose any status from August 1 to 30.

This new policy now eliminates the need for individuals who have applied for a change of status (COS) to F-1 student to apply to change or extend their nonimmigrant status while their initial F-1 COS application is pending.

To prevent a “gap” in status, USCIS will grant the change of status to F-1 effective the day it approved an applicant’s Form I-539, Application to Extend/Change Nonimmigrant Status. If the approval of an application is more than 30 days before the student’s program start date, the student must ensure they do not violate their F-1 status during that time such as working without prior authorization.

This is a welcome development as this policy reduces additional work and costs for both the applicants and USCIS. USCIS will issue a revised form to reflect these changes.

* * *

Let us all be very vigilant with the uptick of COVID-19 cases wherever we are. Here in the US, a surge of the Delta variant is already seen mostly affecting the unvaccinated and even the fully-vaccinated ones. And we thought that once we have been vaccinated that everything will go back to normal. Such is not the case. Calls for mandatory mask mandates have been echoing around and there are talks of booster shots or third dose for vaccines. Around the world, there are places that have resorted back to closing their borders and tightening their regulations again.

The pandemic is real and it is still here. People are still getting infected, the most vulnerable are still dying, hospitals are getting inundated with rising cases. Let us not let our guard down. Please get vaccinated not only for your own well-being but also for the benefit of your friends and families.