[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR248.1]

[Page 630-631]
 
                     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 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 fiance(e), or 
the child of such alien, under section 101(a)(15)(K) of the Act, or as 
an alien in transit under section 101(a)(15)(C) of the Act. An alien 
defined by section 101(a)(15)(V) of the Act may be accorded nonimmigrant 
status in the United States by following the procedures set forth in 
Sec. 214.15(f) of this chapter.
    (b) Except in the case of an alien applying to obtain V nonimmigrant 
status in the United States under Sec. 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 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;
    (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.

[[Page 631]]

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; 66 FR 42595, Aug. 14, 2001; 66 FR 46704, Sept. 7, 2001]