[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR248.1]



[Page 601-603]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 248_CHANGE OF NONIMMIGRANT CLASSIFICATION--Table of Contents

 

Sec. 248.1  Eligibility.









Sec.

248.1 Eligibility.

248.2 Ineligible classes.

248.3 Application.



    Authority: 8 U.S.C. 1101, 1103, 1184, 1258; 8 CFR part 2.





    (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



[[Page 602]]



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:

    (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



[[Page 603]]



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]