CHANGE/ADJUSTMENT OF STATUS

Those who wish to change their status in the U.S. must file an I-539 application with USCIS.

CAN I CHANGE OR ADJUST MY STATUS IN THE U.S.?

I am currently on the H-1B, H-4, F-1, F-2, B-1, B-2

Yes.  Make sure that you maintain your status (employment, classes, business activities, etc.) until you receive approval of your change of status.  If you are applying for the F-1 status, you cannot submit your application more than 30 days before your requested start date.

H-4 status holders changning to F-1 student status may begin taking classes before the adjudication of the change of status.

I am currently on the J-1, J-2 (except those with 212e residency requirement)

Yes.  HOWEVER, if you are subject to the 212(e) two-year home residency requirement, you are NOT eligible for a change or adjustment of status in the U.S. unless you first obtain a waiver.  Do not obtain a waiver without consulting OIES first.  J-1 status holders who have already obtained a waiver will lose the waiver if the DS-2019 is extended thereafter.

I am currently on the Visa Waiver (WB, WT, VW)

No.  Those who entered the U.S. on a visa waiver are not eligible for any change or adjustment of status in the U.S.

PERMANENT RESIDENT STATUS

Common ways to apply for permanent resident status for clinicians or researchers are through employment-based, family-based or self sponsorship.   

Employment-based Sponsorship:  Those who wish to adjust their status to a permanent resident through employment must have the sponsoring department file the Foreign Labor Certification Application and the I-140 Immigrant Petition for Alien Worker on behalf of the applicant. The applicant must also file the I-485 application for adjustment of status.

Self-sponsorship:  Those who wish to sponsor themselves may apply for the outstanding researcher/professor category, or obtain a National Interest Waiver.  Self-sponsorship does not require employers to go through the Labor Certification process, but it does require filing of the I-140 Immigrant Petition for Alien Worker.

A limited quantity of handbooks with information about immigration options for scholars and researchers is available at OIES.

Please consult with OIES before proceeding.  For detailed information and application procedures, go to the USCIS website.