← United States · 2021

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Repeated status-maintenance applications removed during eligible F-1 requests

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryUnited States
Operative dateJuly 20, 2021
CategoryStudent status
Policy toolStatus maintenance and approval timing
Affected groupEligible nonimmigrants seeking a change to f-1 status with unexpired status at initial filing

Policy effect

From July 20, 2021, USCIS no longer required subsequent extension or change-of-status applications while an application to change to F-1 student status was pending, provided the applicant held unexpired nonimmigrant status when filing the initial application and was otherwise eligible to change status. For approvable applications, F-1 status became effective on the approval date, even if more than 30 days before the programme start. Applicants still had to comply with F-1 restrictions during that interval, including the prohibition on on-campus employment more than 30 days before classes started.

Conditions and exceptions

Validated condition or limit: From July 20, 2021, USCIS no longer required subsequent extension or change-of-status applications while an application to change to F-1 student status was pending, provided the applicant held unexpired nonimmigrant status when filing the initial application and was otherwise eligible to change status.; For approvable applications, F-1 status became effective on the approval date, even if more than 30 days before the programme start.; Applicants still had to comply with F-1 restrictions during that interval, including the prohibition on on-campus employment more than 30 days before classes started.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… f an initial COS and subsequent extensions of such status so that the student would not have a “gap” in status. To limit costs to applicants and the government, USCIS no longer requires the applicant to submit subsequent applications for extension or change of nonimmigrant status while the COS application to F-1 status is pending with USCIS, provided that the applicant’s nonimmigrant status is unexpired at the time of filing the initial COS application and the applicant is otherwise eligible for a COS. To prevent a “gap” in status, USCIS will grant the COS to F-1 effective on the day of the CO … S approval. If an application is approved more than 30 days prior to the program start date, these nonimmigrants must ensure that they do not violate their F-1 status during that time. 2 An example of a violation would be engaging in unauthorized employment, including on-campus employment, more than 30 days prior to the start of classes. USCIS is in the process of revising the Application to Extend/Change Nonimmigrant Status (Form I- 539) to reflect these changes. This update replaces the current policy as stated in the form 1 See INA 248. 2 Violations of status include, among others, engaging … U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 July 20, 2021 PA-2021-14 Policy Alert SUBJECT: Change of Status to Nonimmigrant Student (F-1) Visa Classification Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding applications for change of status (COS) to F-1 classification. Background The Immigration and Nationality Act (INA) provides certain nonimmigrants the opportunity to request a change to a different nonimmigrant classification for which they qualify. 1 USCIS has historica … in unauthorized employment and certain criminal activity. See 8 CFR 214.1. PA-2021-14: Change of Status to Nonimmigrant Student (F-1) Visa Classification Page: 2 instructions. This guidance, contained in Volume 2, is effective immediately and supersedes any prior guidance on the topic. Policy Highlights • Explains that for approvable COS applications, USCIS will grant F-1 status effective the date of approval, which may be earlier than 30 days before the program start date. • Updates maintenance of status requirements for nonimmigrants seeking a COS to F-1 status while their COS application i …
U.S. Citizenship and Immigration ServicesPOLICY ALERT - Change of Status to Nonimmigrant Student (F-1) Visa ClassificationOpen official source
Retrieved from https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210720-StudentsChangeOfStatus.pdf

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record recovered-us-f1-status-maintenance-20210720. Something wrong? Flag this record.

Other United States changes operative in 2021