A common question from B1 or B2 visa holders is whether they are allowed to enroll in school. The short answer is no, not directly. If you wish to study in the U.S. while in B status, you must change it to F or M status first.
If you enroll in a full course of study while in B1, B2 or B1/B2 status, you will be considered out of status. This violation of visa terms will make you ineligible to extend your stay under B status, or later change your status to another non-immigrant class such as F or M.
If you want to go to school while in B status, the correct procedure should be:
- Contact the school you’re interested in and find out all eligibility requirements (test results, financial support, etc.);
- After being admitted to the school, work with the designated school official (DSO) to obtain proper documents for foreign students (I-20, for example), but do not enroll in any classes;
- Apply for Change of Status (Form I-539) with USCIS, to change your B visitor status to F or M student status. Whether to choose F1 or M1 depends on the type of school and program you intend to enroll in. Do this before your authorized stay under B status expires, which is specified on your I-94 card. If your B status is about to expire, you may apply for an extension of stay (Form I-539);
- Once you have received USCIS approval on your change of status request, you may begin enrolling in classes. You will also receive a new I-94 from USCIS indicating your student status and a new period of authorized stay;
- If for some reason you cannot change your status to F or M while in the U.S., you may still be eligible to apply for a student visa at a U.S. consulate or embassy abroad. In this case you will have to leave the country first, apply for a new F or M visa, and re-enter under the new F or M status.
The discussion above refers to a course of study, such as a formal program leading to an academic degree or vocational certification. If you are only interested in recreational classes or casual, short courses that generally do not require academic enrollment, you may take such classes without acquiring a student status first. Again, contact the school or class provider to find out whether the class you’re interested in is a course of study in nature. Below is an example of what’s permitted from the U.S. Embassy in Sweden:
If you are going to the U.S. primarily for tourism, but want to take a short course of study which is recreational (and not for credit towards a degree), and the course is less than 18 hours per week, this is permitted on a visitor visa. As an example, if you are taking a vacation to the U.S., and during this vacation you would like to take a two-day cooking class for your enjoyment, and there is no credit earned, then this would be permitted on a visitor visa.
Important: All children in the U.S. have the right to public education, regardless of their or their parents’ immigration status. So a school-aged child in B1 or B2 status is allowed to attend K-12 schools, as long as studying is incidental and was not the primary purpose when s/he applied for the B visa.
my sister has three kids all born in America, she intends to apply for a nursing degree in America, i know she requires a student visa, but the question is will she be allowed to take kids along so that they go to school while she studies for 2yrs plus.
a friend of mine just arrived here in the U.S. 2 weeks ago in NYC with a B1/B2 visa together with her 11 year old son, she said she was able to enroll his son to a middle school? is that allowed?
Hi, I’m 19 years of age and on a B2 visa to the US. Is not my intention that I school on visiting visa, it is possible that I can apply for F1 while am here to enhance my academic sojourn?
Under certain circumstances you are allowed to change visa status, as mentioned in the article
Hello,
I am currently on a B2 visa while I visit my mother. (This visa expires the end of September.) I am currently studying for the MCAT exam and would like to take a 4 credit science course over the summer. Would I have to change to F1 status?
The best way is to contact the school’s designated school official (DSO), and they should be able to tell you the nature of the class and if there is visa requirement.
Am here on a vacation with kids and intends doing a course in nursing. How can I change my status?
I am on a B1/B2. But my kids are citizens. Can they attend a public school
Hi, My daughter is 13 year studying in class 9, we both visit to u.s on b1, b2 visa, we like school’s sports activities, my daughter had participated in Asian aerobic gymnastic championship in 2017 , can i enroll my daughter in school, you are requested to guide me the right path.
Unfortunately we can’t provide any legal advice or guide you wrt immigration matters. Please consult an immigration attorney if you have specific questions.
Hi! me and my children applied for asylum. can my children attend public school before asylum is granted?
thank you!
In theory you can, but you may want to double check with the school district for requirement.
Hi, is it possible that I can go to a post-grad prep school where all I do is train athletically through out the day and study SAT/ACT for 2 hours a day… (less than 18 hours a week)
I am currently attending a US public high school on a j-1 visa through an exchange program. I will be returning to my country at the end of the term. I would like to return to the same public school to finish my senior year and graduate from the school. My school is public and does not administer I-20 forms. How can I return to the States and come back to school at the same school?
Strongly recommend consulting with an immigration attorney for your options. We’re not a law firm and cannot offer legal advice.
hello,
I have B/B2 visa and have plan to do “Clinical rotations” and will come with wife and 9 years daughter. They also have B/B2 visa. Can my daughter attend K-12 Public school?
Thanks
I am 16 yrs old and I have b1/b2 visa I want to learn here so I live here above 1 months I live here with my aunt husband would u like to tell me how can I learn here or how to change my visa oi will wait ur answer soon
cuz the school was start soon
Hello!
I’m an international student, graduating from college this spring. My family is planning to visit for my graduation on visitor visa. I have a sibling who’s 15 and my parents intend to leave him here with me for a year for high school, that is, of course, if we can change his visa status to F-1. I was wondering if applying for a school will have any harm on his visa status? My apologies for the question, since you have clearly stated about it in your article, I just wanted to make sure.
Thank you for your time.
Hi,
My H1B expires 3/30, applied for B2 visa. Can my H4 dependent Kid (I-94 expires 3/20) studying Grade 3 continue his studies in USA till we stay.
Hello,
My friend attended a semester of high school holding a B1/B/2 visa.
He went back to his country and his tourist visa expired. He went to the US embassy to renew his visa and the consul denied his tourist visa. The consul stated he must submit proof that he repaid public school for full unsubsidized per capita.
How can he pay?
This is news to us – maybe contact the school or school district?
My visa expires in two days, but my status is due January,2022. Can I still be able to change status? Urgent help needed. Currently in the USA.
My friend is coming on a B2 visa soon, but he wants to eventually move here. He is interested in taking a Nursing assistant course. It’s 6-8 weeks courses then he would have to take a state test to get his actual certification. How would he go about changing from b2 to school or work visa.