U.S. Citizenship and Immigration Services announced a new policy guidance that eliminates the need for individuals who have applied for a change of status (COS) to F-1 student to apply to change or extend their nonimmigrant status while their initial F-1 COS application is pending.

Under the previous policy, applicants needed to maintain status up to 30 days before the program start date listed on their Form I-20, Certificate for Eligibility for Nonimmigrant Student Status, which required them to file extensions, or an initial COS and subsequent extensions ensuring that they would not have a “gap” in status.

To prevent a “gap” in status, USCIS will grant the change of status to F-1 effective the day USCIS approves an applicant’s Form I-539, Application to Extend/Change Nonimmigrant Status.

What if My Change of Status Application to F-1 Nonimmigrant Student is Still Pending Within 30 Days of My F-1 Program Start Date?

Due to processing times, you may have to request that your DSO defer the F-1 program start date to the following academic term or semester because USCIS did not make a decision on your Form I-539 change of status application before your originally intended F-1 program start date. If your COS application is approved, your change of status to F-1 will be effective as of the date of approval. You are not required to obtain status all the way up to the date that is 30 days before your program start date (“bridge the gap”), provided that your nonimmigrant status is unexpired at the time of filing the change of status to F-1 application, and you otherwise remain eligible for a change of status.

What if My Change of Status Application to F-1 Nonimmigrant Student is Approved More than 30 Days Before My F-1 Program Start Date?

If USCIS approves an application more than 30 days before your program start date, you must ensure that you do not violate your F-1 status. An example of a violation would be engaging in employment, including on-campus employment and practical training, more than 30 days before the program start date as listed on your Form I-20.

The new policy will reduce workloads and costs for both the applicants and USCIS. USCIS is in the process of revising the Form I-539 instructions to reflect these changes.