[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR248.1]

[Page 599-600]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
      CHAPTER I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND 
                             NATURALIZATION)
 
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 
fianc[eacute](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:

[[Page 600]]

    (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.(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. The district director or service center 
director shall 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. The district 
director or service center director 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 
before the Service.
    (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; 66 FR 42595, Aug. 14, 2001; 66 FR 46704, Sept. 7, 2001; 67 FR 
18064, Apr. 12, 2002]