How to Change from H-2B to F-1 Student Visa

Overview

The H-2B visa is a temporary worker visa for non-agricultural seasonal jobs. If you’re currently on H-2B status and want to become a student in the United States, you can apply to change your status to F-1. This guide explains the process, requirements, and important considerations.

Why Change from H-2B to F-1?

• Career advancement: Get a U.S. degree to qualify for better jobs
• Longer stay: F-1 allows you to stay for the duration of your studies
• Work opportunities: Access to CPT and OPT work authorization
• Path to other visas: U.S. degree can help qualify for H-1B or other visas
• H-2B limitations: H-2B is temporary and tied to one employer

Eligibility Requirements

To change from H-2B to F-1, you must:

• Currently be in valid H-2B status
• Have not violated your H-2B status
• Have not worked without authorization
• Be accepted by a SEVP-certified school
• Prove financial ability to pay for tuition and living expenses
• Intend to leave the U.S. after completing your studies (non-immigrant intent)
• Have a valid passport

Step-by-Step Process

1. Get accepted to a school: Apply and receive admission from a SEVP-certified institution
2. Obtain Form I-20: Contact the school’s DSO (Designated School Official) to issue your I-20
3. Pay SEVIS Fee: Pay the I-901 SEVIS fee ($350) at fmjfee.com
4. Prepare documents: Gather all required documents (see list below)
5. File Form I-539: Submit online at USCIS.gov or by mail
6. Pay filing fee: $420 (online) or $470 (paper)
7. Wait for decision: Processing takes 3-6 months

Required Documents

Financial Requirements

You must prove you can pay for your education and living expenses. The amount depends on your school and program, but typically includes:

• First year of tuition (check your I-20 for exact amount)
• Living expenses (typically $15,000-$25,000 per year)
• Books and supplies
• Health insurance

Acceptable financial evidence includes:

• Personal funds: Bank statements from the last 3-6 months
• Sponsor support: Form I-134 Affidavit of Support + sponsor’s bank statements
• Scholarships: Award letter from the school
• Loans: Approved loan documents

Filing Fees

Processing Time

Standard processing takes approximately 3-6 months. During this time:

• You may remain in the U.S. while your application is pending
• You CANNOT work for your H-2B employer after your H-2B status expires
• You CANNOT begin full-time studies until your F-1 status is approved
• You can take part-time or recreational classes while waiting

While Your Application is Pending

• DO: Maintain a valid U.S. address, respond to USCIS requests promptly, keep your passport valid, check case status regularly
• DON’T: Work without authorization, leave the U.S. (this abandons your application), start full-time studies before approval

After Approval

Once your F-1 status is approved:

• You can begin full-time studies
• You must maintain full-time enrollment each semester
• You may be eligible for on-campus employment (up to 20 hours/week during school)
• After one academic year, you may be eligible for CPT
• After graduation, you can apply for OPT (12 months of work authorization)

Alternative: Leave and Apply for F-1 Visa

Instead of changing status in the U.S., you can:

1. Return to your home country
2. Apply for an F-1 visa at a U.S. embassy/consulate
3. Re-enter the U.S. on F-1 status

Pros: Faster process (2-4 weeks), fresh F-1 visa stamp

Cons: Travel costs, time away, visa interview required

H-2B vs F-1: Key Differences

Common Questions

Can I continue working for my H-2B employer while my application is pending?

Only if your H-2B status is still valid. Once it expires, you must stop working even if your I-539 is pending.

What if my H-2B status expires before I get a decision?

As long as you filed your I-539 before your H-2B expired and it’s still pending, you’re in a “period of authorized stay” and can remain in the U.S. However, you cannot work.

Can I travel while my change of status is pending?

No. Leaving the U.S. will abandon your pending application. Wait until you receive your F-1 approval.

What if my application is denied?

If denied, you must leave the U.S. or apply for another status. You can also apply for an F-1 visa at a U.S. consulate in your home country.