Children Of H1B Visa Holders Will Get More Job, Education Opportunities: F1 Visa Rule Changed

The US Citizenship and Immigration Services (UCIS) has updated the F-1 student visa policy. So now the “gap” status will be removed when one applies for an F-1 visa. 

Earlier applicants use to submit multiple applications for extension of nonimmigrant status which also increased the administrative burden for both applicants and the government.

“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,”

US immigration attorney Cyrus Mehta wrote on Twitter.

How It Will Benefit The Children Of H-1B Holders?

According to USCIS, adjudication of the change of status (COS) to F-1 was difficult to align with fluctuating programme dates, forcing applicants to file repeated extensions to prevent a “gap” in status.

This resulted back to back filings and extensions resulted in a higher administrative burden and expenditures 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.

This Would Result In Violation Of The F-1 Status 

If the change of status application is accepted for more than 30 days before the commencement date of the programme, the applicants must guarantee that they do not breach their F-1 status during that time.

A violation of F-1 status would occur if the applicant worked illegally for more than 30 days before the start of the programme.