Immigration Law: Understanding Change Of Status

Last updated on April 17, 2026

Change of Status allows eligible foreign nationals already in the United States to switch from one nonimmigrant visa category to another without leaving the country. This process is often used when personal, academic or professional circumstances evolve during a temporary stay.

ERM Immigration Law, PLLC, is a Seattle-based immigration law firm serving clients throughout Washington. With a focus on personalized legal guidance, our attorneys help navigate complex immigration procedures, including Change of Status applications. We are committed to protecting your legal rights and helping you achieve your immigration goals.

Change Of Status Overview

This process allows eligible foreign nationals in the U.S. to switch from one nonimmigrant visa category to another without leaving the country. Applicants must meet specific criteria and submit supporting documents.

To qualify for Change of Status, applicants must:

• Lawfully enter the U.S. with a nonimmigrant visa
• Continuously maintain visa status
• Avoid disqualifying immigration violations
• Possess a valid passport

Applicants must submit the appropriate form based on their intended visa category. Typically, Form I-129 for employment-based changes (e.g., H, L-1, O) or Form I-539 for other nonimmigrant categories (e.g., B-1/B-2, F-1).

Visa categories that typically allow Change of Status include:

• Diplomatic officials (A visa)
• Temporary visitors for business or pleasure (B visa)
• Academic students (F visa)
• Exchange visitors (J visa)

Unfortunately, certain visa holders are not permitted to change status within the U.S., including crewmen, aliens in transit (C-1 visa), and fiancés or spouses of U.S. citizens (K visa).

Reasons For Change Of Status

Individuals may seek a Change of Status due to a shift in their purpose of stay such as enrolling in school, accepting employment or preparing for a new visa category. Timely action helps preserve status and prevent complications.

If denied, applicants may appeal using Form I-290B. Premium Processing is available for certain categories, offering faster adjudication for an extra fee.