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Tourist/Business Visa Information

Individuals who enter the U.S. for the purpose of Business (B-1 Visa) or Pleasure/Tourism (B-2 Visa) need to be aware of the following regulations, especially if they plan to take a course of study:

• Individuals holding B-1/B-2 status are not allowed to undertake a course of study in the U.S.
• Individuals holding B-1/B-2 visa status are not eligible to apply immediately after entry for a change in visa status to an F-1 student visa unless their Form I-94 has been annotated at the time of admission by an inspecting U.S. officer that the individual is a "prospective student". Before you apply for a visa see the Foreign Affairs Manual notes at 9 FAM 41.61 N16.2, N16.3, N16.4, and N16.5 for further “prospective student” instructions. Individuals admitted in this category will not be allowed to begin a program of study until they have changed their immigration status on Form I-539 to approved F-1 student status.
• Individuals entering the U.S. on B-1/B-2 with the intent of pursuing a program of study in the U.S. must inform the U.S. inspecting officer of their intent to study and provide all required documents. They must request that the officer write a notation on Form I-94 (Arrival/Departure Record) that the individual is a "prospective student". Individuals in this category will not be allowed to begin a program of study until they have completed an I-539 application change to approved F-1 status.
• Individuals entering under the Visa Waiver Program are generally subject to B-1/B-2 rules (B-1=WB, B-2=WT), and in addition, have a strict 90 day limit with no extensions, no change of status, and no ‘prospective’ student”  processing allowed.
• Canadian citizens who enter the U.S. for the purpose of business or pleasure and who intend to remain in the U.S. to pursue a program of study must inform the U.S. inspecting officer of their intent to study and provide all required documents. They must request that the officer issue a Form I-94 (Arrival/Departure Record) and write a notation on the I-94 that they are a "prospective student." Individuals in this category will not be allowed to begin a program of study until they have completed an I-539 application change to approved F-1 status.
• Individuals entering the U.S. for the purpose of business or pleasure will be limited in terms of the length of time they will be allowed to stay. The U.S. inspecting officer will determine the length of time allowed a B-1 business visitor based on what is "fair and reasonable for the completion of the purpose of the visit." Individuals should provide documentation when possible that verifies the purpose of their visit and the time period desired/needed for their stay in the U.S.  A B-2 visitor for pleasure is admitted for 6 months unless limited by a supervisory inspector.
• A B-1 or B-2 visa holder may file an extension request on form I-539 with the Department of Homeland Security (DHS). See: www.uscis.gov (click on “forms”) if an extension is wanted. An I-539 application must include: evidence documenting the need for the extension, evidence of financial resources to continue the temporary stay, and documentary evidence that the applicant is maintaining residence status abroad. Please read the instructions carefully.