Can I change from tourist to student or another status without leaving the US?

Checked on 2026-10-25

Often yes. The law lets a nonimmigrant who was lawfully admitted and keeps their status apply to USCIS for a different nonimmigrant status before the I-94 date. Visa Waiver (ESTA), transit, crew, fiancé(e) and S entrants can't. Don't start the new activity, such as school, until USCIS approves the change.

Key facts

What	The source says	Source
Who can change	A nonimmigrant lawfully admitted who keeps their status and is not barred for prior unlawful presence	8 U.S.C. 1258(a)
Who can’t	C (transit), D (crew), K (fiancé(e)), S; Visa Waiver Program and other visa-free visitors; some J-1s; except when changing to T or U	8 U.S.C. 1258(a)–(b); USCIS, Change My Nonimmigrant Status
When	Before the authorized stay on your I-94 expires	USCIS, Change My Nonimmigrant Status; USCIS, I-539
Form	Form I-539 for most changes; Form I-129 for changes to certain work classifications such as H-1B, L-1, O-1, TN	USCIS, I-539
While waiting	Don’t change your activity until USCIS approves	USCIS, Change My Nonimmigrant Status
Visitor who wants to study	Enrolling before F-1 or M-1 approval violates B status	8 CFR 214.2(b)(7)

What the law allows

The Immigration and Nationality Act (section 248, 8 U.S.C. 1258) lets the Department of Homeland Security approve a change from one nonimmigrant classification to another. You must have been lawfully admitted as a nonimmigrant and still be keeping that status. The law excludes people admitted in transit (C), as crew (D), as a fiancé(e) or their child (K) or as an S informant, people admitted without a visa under the Visa Waiver Program, and J-1 exchange visitors who came for graduate medical training or who must meet the two-year home residence requirement without a waiver (they can only change to A or G). None of these exclusions applies to a change to T or U status.

How USCIS says to do it

USCIS’s guidance says you, or in some cases your employer, must file the request on the right form before your authorized stay expires; your status and its end date are on your Form I-94. USCIS recommends applying as soon as you know you need a different status. Form I-539 is the general form. Changes to certain work classifications, including H-1B, L-1, O-1, TN and E-1/E-2 principals, go on Form I-129 instead.

USCIS’s own example: if you came as a tourist and now want to study, you must apply to change your status, and you must not start school until USCIS has approved it. The regulation says a B-1 or B-2 visitor who enrolls in a course of study before that violates their status. USCIS also warns that failing to keep your status can bar you from returning or lead to removal.

When you don’t need to apply

A B-1 business visitor who wants to stay on for pleasure before the authorized stay expires.
The spouse or child of an A, E, G, H, I, J, L, F or M nonimmigrant who wants to attend school (for children of F or M students, only elementary, middle or high school).

M-1 vocational students can’t change to F-1, nor to H if their M-1 training qualifies them for the H job (USCIS, Change My Nonimmigrant Status).
To stay longer in the same status instead, see the page on extending a visitor stay.

Sources

8 U.S.C. 1258 (INA § 248), Change of nonimmigrant classification (US Code, 2024 edition, GPO) checked 2026-10-25
8 CFR 214.2(b)(7), Visitors: enrollment in a course of study prohibited (eCFR, current as of 2026-10-22) checked 2026-10-25
USCIS: Change My Nonimmigrant Status checked 2026-10-25
USCIS: I-539, Application to Extend/Change Nonimmigrant Status checked 2026-10-25

Change history

2026-10-25: Page created

This is general information, not legal advice, and Lumen is not a law firm. Rules change and offices differ: check the official sources above before you act. Found something wrong or out of date? Write to support@lumen.observer.