New US policy for F-1 student visa to benefit children of H-1B holders

Certain nonimmigrants are given the opportunity to request a change to a different nonimmigrant classification, such as F-1 status for children of H-1B visa holders.

US Citizenship and Immigration Services (USCIS) has updated its policy regarding applications for change in status to F-1 visa classification which could benefit thousands of children of H-1B visa holders. Certain nonimmigrants are given the opportunity to request a change to a different nonimmigrant classification, such as F-1 status for children of H-1B visa holders.

Under the previous policy, the nonimmigrants were required to obtain an F-1 student visa up to 30 days before the program start date. (HT file photo)

Under the previous policy, the nonimmigrants were required to obtain an F-1 student visa up to 30 days before the program start date. USCIS said the adjudication of the change of status (COS) to F-1 was difficult to align with the varying program dates, which often required applicants to file for multiple extensions so that they do not have a “gap” in status. The multiple filings and extensions also led to an increased administrative burden as well as costs for both applicants and the government.

“To limit costs USCIS no longer requires the applicant to submit subsequent applications for extension or change of nonimmigrant status while the COS application to F-1 status is pending with USCIS, provided that the applicant’s nonimmigrant status is unexpired at the time of filing the initial COS application and the applicant is otherwise eligible for a COS,” the policy update read.

In case the application for change in status is approved more than 30 days prior to the start of the program date, the applicants have to ensure that they do not violate their F-1 status during that period. Engaging in unauthorised employment, including on-campus employment, more than 30 days prior to the start of the program would result in a violation of F-1 status.

“USCIS does away with burdensome "gap" status applications when one changes to F-1. This will provide some relief to children of backlogged skilled immigrants who age out, although the optimum solution is to get rid of per country limits and add more visas,” wrote US immigration attorney Cyrus Mehta on Twitter.