8 Cfr 248

8 CFR Part 248 (up to date as of 10/22/2025)
Change of Nonimmigrant Classification

8 CFR Part 248 (Oct. 22, 2025)

This content is from the eCFR and is authoritative but unofficial.

Title 8 —Aliens and Nationality
Chapter I —Department of Homeland Security
Subchapter B —Immigration Regulations
Part 248 Change of Nonimmigrant Classification
§ 248.1 Eligibility.
§ 248.2 Ineligible classes.
§ 248.3 Petition and application.

PART 248—CHANGE OF NONIMMIGRANT CLASSIFICATION
Authority: 8 U.S.C. 1101, 1103, 1184, 1258; 8 CFR part 2.

§ 248.1 Eligibility.
(a) General. Except for those classes enumerated in § 248.2, any alien lawfully admitted to the United States
as a nonimmigrant, including an alien who acquired such status pursuant to section 247 of the Act, 8
U.S.C. 1257, who is continuing to maintain his or her nonimmigrant status, may apply to have his or her
nonimmigrant classification changed to any nonimmigrant classification other than that of a spouse or
fianc(e), or the child of such alien, under section 101(a)(15)(K) of the Act, 8 U.S.C. 1101(a)(15)(K), or as
an alien in transit under section 101(a)(15)(C) of the Act, 8 U.S.C. 1101(a)(15)(C). An alien defined by
section 101(a)(15)(V), or 101(a)(15)(U) of the Act, 8 U.S.C. 1101(a)(15)(V) or 8 U.S.C. 1101(a)(15)(U), may
be accorded nonimmigrant status in the United States by following the procedures set forth respectively
in § 214.15(f) or § 214.14 of this chapter.
(b) Except in the case of an alien applying to obtain V nonimmigrant status in the United States under §
214.15(f) of this chapter, a change of status may not be approved for an alien who failed to maintain the
previously accorded status or whose status expired before the application or petition was filed, except
that failure to file before the period of previously authorized status expired may be excused in the
discretion of USCIS, and without separate application, where it is demonstrated at the time of filing that:
(1) The failure to file a timely application was due to extraordinary circumstances beyond the control of
the applicant or petitioner, and USCIS finds the delay commensurate with the circumstances;
(2) The alien has not otherwise violated his or her nonimmigrant status;
(3) The alien remains a bona fide nonimmigrant; and
(4) The alien is not the subject of removal proceedings under 8 CFR part 240.
(c) Change of nonimmigrant classification to that of a nonimmigrant student.

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8 CFR 248.1(c)(1)

(1) Except as provided in paragraph (c)(3) of this section, a nonimmigrant applying for a change of
classification as an F-1 or M-1 student is not considered ineligible for such a change solely because
the applicant may have started attendance at school before the application was submitted. USCIS
will deny an application for a change to classification as an M-1 student if the applicant intends to
pursue the course of study solely in order to qualify for a subsequent change of nonimmigrant
classification to that of an alien temporary worker under section 101(a)(15)(H) of the Act.
Furthermore, an alien may not change from classification as an M-1 student to that of an F-1
student.
(2) [Reserved]
(3) A nonimmigrant who is admitted as, or changes status to, a B-1 or B-2 nonimmigrant on or after April
12, 2002, or who files a request to extend the period of authorized stay as a B-1 or B-2 nonimmigrant
on or after such date, may not pursue a course of study at an approved school unless the Service
has approved his or her application for change of status to a classification as an F-1 or M-1 student.
USCIS will deny the change of status if the B-1 or B-2 nonimmigrant enrolled in a course of study
before filing the application for change of status or while the application is pending.
(d) Application for change of nonimmigrant classification from that of a student under section 101(a)(15)(M)(i)
to that described in section 101(a)(15)(H). A district director shall deny an application for change of
nonimmigrant classification from that of an M-1 student to that of an alien temporary worker under
section 101(a)(15)(H) of the Act if the education or training which the student received while an M-1
student enables the student to meet the qualifications for temporary worker classification under section
101(a)(15)(H) of the Act.
(e) Change of nonimmigrant classification to that as described in section 101(a)(15)(N). An application for
change to N status shall not be denied on the grounds the applicant is an intending immigrant. Change of
status shall be granted for three years not to exceed termination of eligibility under section 101(a)(15)(N)
of the Act. Employment authorization pursuant to section 274(A) of the Act may be granted to an alien
accorded nonimmigrant status under section 101(a)(15)(N) of the Act. Employment authorization is
automatically terminated when the alien changes status or is no longer eligible for classification under
section 101(a)(15)(N) of the Act.
[86 FR 14228, Mar. 15, 2021]

§ 248.2 Ineligible classes.
(a) Except as described in paragraph (b) of this section, the following categories of aliens are not eligible to
change their nonimmigrant status under section 248 of the Act, 8 U.S.C. 1258:
(1) Any alien in immediate and continuous transit through the United States without a visa;
(2) Any alien classified as a nonimmigrant under section 101(a)(15) (C), (D), (K), or (S) of the Act;
(3) Any alien admitted as a nonimmigrant under section 101(a)(15)(J) of the Act, or who acquired such
status after admission in order to receive graduate medical education or training, whether or not the
alien was subject to, received a waiver of, or fulfilled the two-year foreign residence requirement of
section 212(e) of the Act. This restriction shall not apply when the alien is a foreign medical
graduate who was granted a waiver under section 212(e)(iii) of the Act pursuant to a request made
by a State Department of Public Health (or its equivalent) under Pub. L. 103-416, and the alien
complies with the terms and conditions imposed on the waiver under section 214(k) of the Act and
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8 CFR 248.2(a)(4)

the implementing regulations at § 212.7(c)(9) of this chapter. A foreign medical graduate who was
granted a waiver under Pub. L. 103-416 and who does not fulfill the requisite 3-year employment
contract or otherwise comply with the terms and conditions imposed on the waiver is ineligible to
apply for change of status to any other nonimmigrant classification; and
(4) Any alien classified as a nonimmigrant under section 101(a)(15)(J) of the Act (other than an alien
described in paragraph (c) of this section) who is subject to the foreign residence requirement of
section 212(e) of the Act and who has not received a waiver of the residence requirement, except
when the alien applies to change to a classification under section 101(a)(15)(A) or (G) of the Act.
(5) Any alien admitted as a visitor under the visa waiver provisions of § 212.1(e) of this chapter.
(6) Any alien admitted as a Visa Waiver Pilot Program visitor under the provisions of section 217 of the
Act and part 217 of this chapter.
(b) The prohibition against a change of nonimmigrant status for the categories of aliens described in
paragraphs (a)(1) through (6) of this section is inapplicable to aliens applying for a change of
nonimmigrant status to that of a nonimmigrant under section 101(a)(15)(U) of the Act, 8 U.S.C.
1101(a)(15)(U).
[47 FR 44238, Oct. 7, 1982, as amended at 48 FR 41017, Sept. 13, 1983; 52 FR 48084, Dec. 18, 1987; 53 FR 24903, June 30, 1988;
60 FR 26683, May 18, 1995; 60 FR 44271, Aug. 25, 1995; 72 FR 53041, Sept. 17, 2007]

§ 248.3 Petition and application.
Requests for a change of status must be filed on the form designated by USCIS with the fee prescribed in 8 CFR
106.2 and in accordance with the form instructions.
(a) Requests by petitioners. A petitioner must submit a request for a change of status to E-1, E-2, E-3, H-1C,
H-1B, H-1B1, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-2, P-3, Q-1, R-1, or TN nonimmigrant.
(b) Application by nonimmigrant —
(1) Individual applicant. Any nonimmigrant who seeks to change status to:
(i)

A dependent nonimmigrant classification as the spouse or child of a principal whose
nonimmigrant classification is listed in paragraph (a) of this section, or

(ii) Any other nonimmigrant classification not listed in paragraph (a) of this section must apply for
a change of status on his or her own behalf.
(2) Multiple applicants. More than one person may be included in an application where the co-applicants
are all members of a single family group and either all hold the same nonimmigrant status or one
holds a nonimmigrant status and the co-applicants are his or her spouse and/or children who hold
derivative nonimmigrant status based on the principal's nonimmigrant status.
(c) Special provisions for change of nonimmigrant classification to, or from, a position classified under section
101(a)(15) (A) or (G) of the Act. Each application for change of nonimmigrant classification to, or from, a
position classified under section 101(a)(15)(A) or (G) must be filed on the prescribed application
accompanied by the appropriate endorsement from the Department of State recommending the change
of status. If the Department of State recommends against the change, the application shall be denied. An

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8 CFR 248.3(d)

application for a change of classification by a principal alien in a position classified A-1, A-2, G-1, G-2, G-3,
or G-4 shall be processed without fee. Members of the principal alien's immediate family who are included
on the principal alien's application shall also be processed without fee.
(d) [Reserved]
(e) Change of classification not required. The following do not need to request a change of classification:
(1) An alien classified as a visitor for business under section 101(a)(15)(B) of the Act who intends to
remain in the United States temporarily as a visitor for pleasure during the period of authorized
admission; or
(2) An alien classified under sections 101(a)(15)(A) or 101(a)(15)(G) of the Act as a member of the
immediate family of a principal alien classified under the same section, or an alien classified under
sections 101(a)(15)(E), (H), (I), (J), or (L) of the Act as the spouse or child who accompanied or
followed-to-join a principal alien who is classified under the same section, may attend school in the
United States, provided that the principal alien or spouse or child maintain their nonimmigrant
status.
(f) Approval of application. If the application is granted, the applicant shall be notified of the decision and
granted a new period of time to remain in the United States without the requirement of filing a separate
application and paying a separate fee for an extension of stay. The applicant's nonimmigrant status under
his new classification shall be subject to the terms and conditions applicable generally to such
classification and to such other additional terms and conditions, including exaction of bond, which USCIS
deems appropriate to the case.
(g) Denial of application. When the application is denied, the applicant shall be notified of the decision and the
reasons for the denial. There is no appeal from the denial of the application under this chapter.
(h) Change to S nonimmigrant classification. An eligible state or federal law enforcement agency (“LEA”),
which shall include a state or federal court or a United States Attorney's Office, may seek to change the
nonimmigrant classification of a nonimmigrant lawfully admitted to the United States, except those
enumerated in § 248.2 of this chapter, to that of an alien witness or informant pursuant to section
101(a)(15)(S) of the Act by filing with the Assistant Attorney General, Criminal Division, the forms
designated by USCIS with the fee prescribed in 8 CFR 106.2 and in accordance with the form instructions
establishing eligibility for the change of nonimmigrant classification.
(1) If the Assistant Attorney General, Criminal Division, certifies the request for S nonimmigrant
classification in accordance with the procedures set forth in 8 CFR 214.2(t), the Assistant Attorney
General shall forward the LEA's request on Form I-854 with Form I-539 to the Commissioner. No
request for change of nonimmigrant classification to S classification may proceed to the
Commissioner unless it has first been certified by the Assistant Attorney General, Criminal Division.
(2) In the event the Commissioner decides to deny an application to change nonimmigrant classification
to S nonimmigrant classification, the Assistant Attorney General, Criminal Division, and the relevant
LEA shall be notified in writing to that effect. The Assistant Attorney General, Criminal Division, shall
concur in or object to that decision. Unless the Assistant Attorney General, Criminal Division, objects
within 7 days, he or she shall be deemed to have concurred in the decision. In the event of an
objection by the Assistant Attorney General, Criminal Division, the matter will be expeditiously
referred to the Deputy Attorney General for a final resolution. In no circumstances shall the alien or
the relevant LEA have a right of appeal from any decision to deny.

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(i)

8 CFR 248.3(i)

Change of nonimmigrant status to perform labor in a health care occupation. A request for a change of
nonimmigrant status filed by, or on behalf of, an alien seeking to perform labor in a health care occupation
as provided in 8 CFR 212.15(c), must be accompanied by a certificate as described in 8 CFR 212.15(f), or
if the alien is eligible, a certified statement as described in 8 CFR 212.15(h). See 8 CFR 214.1(j) for a
special rule concerning applications for change of status for aliens admitted temporarily under section
212(d)(3) of the Act and 8 CFR 212.15(n).

[36 FR 9001, May 18, 1971]

Editorial Note: For FEDERAL REGISTER citations affecting § 248.3, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

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