When Canadians travel to the United States, it’s often for a temporary purpose, a vacation, a business trip, a study program, or a work assignment. But sometimes, plans change. Maybe you came as a visitor and were later accepted to a U.S. school, or perhaps a job opportunity came up while you were already in the country.
In these situations, you may need to change your non-immigrant status with U.S. Citizenship and Immigration Services (USCIS) before your authorized stay expires. Below, we explain what this process entails, when it applies, and what Canadians in particular should consider.
What Is a “Change of Status”?
A change of status is a formal request to USCIS to switch from one nonimmigrant visa category to another without leaving the United States.
For example:
- You entered as a visitor (B-2) but now wish to study full-time.
- You came as a business visitor (B-1) and want to work under an approved temporary worker (H-1B) category.
In these cases, you or your employer must file the appropriate USCIS application, typically Form I-539 (Application to Extend/Change Nonimmigrant Status) or Form I-129 (for employment-based categories).
Important: Until your new status is approved, do not begin your new activity (such as attending classes or working). Acting before approval can lead to serious immigration consequences, including being barred from returning to the United States.
When You Should Apply to Change Your Status
You should apply as soon as you realize your purpose in the U.S. will change. USCIS recommends filing well before your current I-94 expiration date, which you can find on your online Form I-94 Arrival/Departure Record. You may qualify to apply if you:
- Were lawfully admitted to the U.S. in a valid non-immigrant category
- Still hold valid status (your authorized stay hasn’t expired)
- Have not violated the terms of your current visa (for example, by working without authorization)
- Have not committed crimes that make you ineligible for immigration benefits
Who Does Not Need to Apply for a Change of Status
In some cases, you can change your activities without applying for a change of status. For example:
- If you entered the U.S. for business (B-1) and wish to remain for pleasure (B-2) before your stay expires, you don’t need to file a change.
- If you’re the spouse or child of someone lawfully in the U.S. on certain visa types, such as A (diplomat), E (trader/investor), G (international organization), H (temporary worker), I (media), J (exchange visitor), L (intracompany transferee), or F/M (student), you may attend school without needing to change your status.
However, if you want to attend post-secondary studies full-time, you’ll generally need to change to F-1 (academic student) or M-1 (vocational student) status first.
Who Cannot Apply for a Change of Status
Certain nonimmigrant categories are not eligible to change their status within the United States. These include individuals admitted under:
- The Visa Waiver Program (VWP)
- Crew members (D visa)
- Those in transit (C visa)
- Fiancé(e)s of U.S. citizens (K visa)
- Informants or their family members (S visa)
Additionally:
- M-1 vocational students cannot change to F-1 status or to any H category if the H job relies on training received as an M-1 student.
- J-1 exchange visitors cannot change status if they are subject to the two-year home residency rule, unless they first obtain a waiver.
Special Cases: T and U Nonimmigrant Status
If you’re seeking protection under T status (for victims of human trafficking) or U status (for victims of certain crimes), you must use specific forms:
- Form I-914 – Application for T Nonimmigrant Status
- Form I-918 – Petition for U Nonimmigrant Status
You cannot use Form I-539 to request a change to these categories.
Tips for Canadians
Canadians often have unique entry situations because many do not need a visa for short visits. However:
- Your status and length of stay are defined by your Form I-94, issued electronically by U.S. Customs and Border Protection.
- If you entered under TN (USMCA/NAFTA), B-1/B-2, or another category and wish to change your purpose (for example, to study or work in a different status), you must apply to USCIS, just like any other foreign national.
- Always apply before your I-94 expires. Overstaying can cause complications for future entries to the United States.
The Bottom Line
If your purpose for being in the United States changes, for example, from tourism to study or from business to employment, you must apply to change your nonimmigrant status before your current status expires. Acting too soon, or failing to apply, can result in loss of legal status and potential bars to reentry.
Need Help with a Change of Status Application?
If you’re a Canadian in the United States and considering changing your non-immigrant status, our team can guide you through every step of the process. We help clients understand eligibility, prepare the right USCIS forms, and ensure their transition is handled correctly.
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If you have questions regarding an immigration matter, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
