Can I Switch from a Tourist Visa to a Student or Work Visa?

Many people enter the United States on a tourist visa (B-1/B-2) but later decide they would like to study or work. While it is possible in some situations to change your status, the process comes with strict requirements and careful timing.

Changing from Tourist to Student Visa (F-1)

If you want to attend school in the U.S., you may be able to change your status from a tourist visa to a student visa. To qualify, you must:

• Be accepted by a Student and Exchange Visitor Program (SEVP)-approved school.
• Receive a Form I-20 from the school.
• File Form I-539 (Application to Extend/Change Nonimmigrant Status) with USCIS before your tourist status expires.
• Prove you can pay tuition and living expenses.

During the application process, you must remain in valid tourist visa status and cannot begin classes until your change of status is approved.

Changing from Tourist to Work Visa

Switching from a tourist visa to a work visa, such as an H-1B or L-1, is more difficult. These visas generally require sponsorship by an employer and approval of a petition before you can change status. You cannot work in the U.S. while waiting for approval. In many cases, applicants must return to their home country to process a work visa at a U.S. consulate before reentering.

Important Considerations

• Timing is critical. Apply for a change of status before your current visa expires.
• Intent matters. If you entered the U.S. on a tourist visa with the hidden intention of studying or working, USCIS may deny your application.
• Legal guidance helps. Immigration laws are complex, and mistakes can delay or prevent approval.

At Wilson Wong Law, PC, we can provide legal assistance to immigrants navigating the process of changing from a tourist visa to a student or work visa.