- Introduction
- General Prohibition on Change of Status from M to F
- Prohibitions Involving M1 Status and H Status
- Conclusion
Introduction
In general, a nonimmigrant student in M1 status is not eligible to change his or her status to F1. However, there is a limited exception from this prohibition for a nonimmigrant student who was mistakenly classified as M1 or F1. In this article, we will examine the rules prohibiting change of status from M1 to F1 student and the limited exception. In addition, we will discuss the general prohibition on change of status to M1 if it is determined that the applicant is pursuing the change of status solely in order to qualify for a subsequent change of status to H.
We have several articles that discuss change of status to F or M student status more generally. First, please see our overview of the topic [see article]. Second, we discuss change of status from B to F or M in a separate article [see article]. Finally, please see our overview of change of status generally for more information on eligibility for change of status in a variety of circumstances [see article].
General Prohibition on Change of Status from M to F
The federal regulations address change of status from M to F. At 8 C.F.R. 248.1(c)(1), the regulations state that “an alien may not change from classification as an M1 student to that of an F1 student.” The United States Citizenship and Immigration Services (USCIS) Operating Instructions at OI 248.7(e) [PDF version] state that “[a]n application for change from M1 to F1 classification must be rejected.”
Exception
Notwithstanding the prohibition on changing status from M1 to F1, the OI provides for one limited exception. This exception applies “if a student has been incorrectly classified as an M1 vocational student instead of as an F1 student…” In this case, the M1 student who was incorrectly classified as F1 “may have his or her nonimmigrant classification changed.” In order to apply for a change of status in this circumstance only, the OI explains that the incorrectly classified M1 student must submit the following “to the Service office having jurisdiction over the school the student was last authorized to attend”:
1. The Form I-20 from the school the student intends to attend;
2. A copy of the student’s current Form I-20;
3. The student’s Form I-94; and
4. A letter from the designated school official (DSO) of the school which the student was last authorized to attend explaining the reasons that the DSO believes that the student’s nonimmigrant classification should be changed from M1 to that of an F1 student.1
Provided that the foregoing requirements are met, the USCIS may grant a change of status from M1 to F1, notwithstanding 8 C.F.R. 248.1(c)(1).
Prohibitions Involving M1 Status and H Status
Under 8 C.F.R. 248.1(c)(1), the USCIS will deny an application for change of status to that of M1 student if it determines that “the applicant intends to pursue the course of study solely in order to qualify for a subsequent change of status to that of an alien temporary worker under section 101(a)(15)(H) of the [INA].” Section 30.3(b)(2) of the USCIS’s Adjudicator’s Field Manual (AFM) echoes this regulation, stating that “[n]o nonimmigrant can be granted M1 status in order to gain training necessary to qualify for H status.” In effect, this means that the USCIS will not grant a change of status to M1 if it determines that the applicant is seeking M1 status for the sole purpose of gaining the education and/or training to qualify for H status.
Similarly, the regulations prohibit change of status from M to H under certain circumstances. 8 C.F.R. 248.1(d) requires the USCIS to deny a change of status from M1 to H “if the education or training which the student received while an M1 student enables the student to meet the qualifications for temporary worker classification under section 101(a)(15)(H) of the [INA].” The AFM states that “[a]n M1 nonimmigrant cannot change to … H status if the M1 training helped him or her qualify for H status.” Thus, if an applicant for change of status from M1 to H would not be eligible for H status absent the education and/or training he or she received in M1 status, the USCIS will deny the application. However, this rule does not extend to a case where an M1 student seeks change of status to H but would have met the requirements for H status completely independent of the education or training he or she received in M1 status.
Taken together, the aforementioned regulations preclude using M1 status to gain the education and/or training credentials to subsequently change status to H status.
Conclusion
In addition to other limitations on change of status, the regulations provide for two specific ones that apply to M1 nonimmigrants. First, in most cases, M1 students cannot change to F1 status. Second, M1 students cannot change to H status if they would not have been eligible to H status absent their education and/or training in M1 status. Individuals with questions about either case should consult with an experienced immigration attorney, and, in the former case, their DSO. An attorney will be able to assist an individual who was mistakenly classified as M1 instead of F1 obtain a change of status to F1. Furthermore, an individual with questions about the prohibition on using M1 status to subsequently change to H status or about whether he or she may be eligible for a change of status from M1 to H should consult with an experienced immigration attorney for an assessment of his or her specific case.
To learn more about student visas generally, please see our website’s full category on the subject [see category].
