The B-2 (B2) visa is for temporary visitors for pleasure. There are limited activities that a B2 temporary visitor for pleasure may engage in lawfully. Employment and full-time education are categorically prohibited while on B2 status. In this article, we will assess statutes, regulations, agency guidance, and administrative decisions to explain what are permissible activities while on B2 status.
There are two general ways for a non-immigrant traveler to enter this country — on a valid visitor’s visa or under the auspices of the visa waiver program (VWP) the air travel pre-authorization for which is widely known as ESTA. VWP is only available for nationals of Canada as well as countries approved for the program.
Under section 248 of the Immigration and Nationality Act (INA) and regulations in 8 C.F.R. 248.1, it is permissible under certain circumstances to change from B1 or B2 nonimmigrant visitor status to F1 or M1 student status. However, the nonimmigrant visitor who is seeking change of status must be maintaining his or her visitor status and be otherwise eligible for change of status and must satisfy the United States Citizenship and Immigration Services (USCIS) that he or she did not obtain a B1 or B2 visitor visa in order to circumvent the normal application process for an F1 or M1 student visa. In this article, we will examine the rules and procedures for seeking a change of status from B1 or B2 visitor to F1 or M1 student. Please note that an alien who enters under the Visa Waiver Program or as a nonimmigrant visitor otherwise without a visa will not be eligible to change status.
