[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR248.1]

[Page 595-596]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 248--CHANGE OF NONIMMIGRANT CLASSIFICATION--Table of Contents
 
Sec. 248.1  Eligibility.

    (a) General. Except for those classes enumerated in Sec. 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, who is continuing to maintain his nonimmigrant status, may 
apply to have his nonimmigrant classification changed to any 
nonimmigrant classification other than that of a fiancee or fiance under 
section 101(a)(15)(K) of the Act, or as an alien in transit under 
section 101(a)(15)(C) of the Act.
    (b) Timely filing and maintenance of status. 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 
the Service, 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 the Service finds the delay commensurate with the 
circumstances;
    (2) The alien has not otherwise violated his or her nonimmigrant 
status;

[[Page 596]]

    (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. A nonimmigrant applying for a change to classification as a 
student under sections 101(a)(15)(F)(i) or 101(a)(15)(M)(i) of the Act 
is not considered ineligible for such a change solely because the 
applicant may have started attendance at school before the application 
was submitted. The district director shall deny an application for a 
change to classification as a student under section 101(a)(15)(M)(i) of 
the Act 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 a 
student under section 101(a)(15)(M)(i) of the Act to that of a student 
under section 101(a)(15)(F)(i) of the Act.
    (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.

[36 FR 9001, May 18, 1971, as amended at 48 FR 14592, Apr. 5, 1983; 52 
FR 11621, Apr. 10, 1987; 59 FR 1465, Jan. 11 1994; 62 FR 10386, Mar. 6, 
1997]