Curran & Berger LLP

On August 19, 2010 the U.S. Citizenship and Immigration Services (USCIS) provided special instructions for B-1/B-2 Visitors who want to enroll in school. It is no longer permissable for an individual on a B-1/B-2 visa to enroll in school. Before enrolling in classes, individuals who are in B-1 or B-2 status must first acquire F-1 (academic student) or M-1 (vocational student) status. Enrolling in classes while in B-1/B-2 status will result in a status violation.

If you currently hold B-1 or B-2 nonimmigrant status and would like to enroll in classes, you may apply for a change of status to F-1 or M-1, as appropriate, if you have not yet enrolled in classes, your current status has not expired, and you have not engaged in unauthorized employment.

To change your nonimmigrant status from B-1/B-2 to F-1 or M-1, you must file an Application to Extend/Change Nonimmigrant Status (Form I-539), and include the required fee and documents listed in the filing instructions. It is important to note that should you enroll in classes before the USCIS approves your Form I-539, you will be ineligible to change your nonimmigrant status from B to F or M. Also, if you are applying to extend your B-1/B-2 stay and you have already enrolled in classes, the USCIS cannot approve your B-1/B-2 extension because of the status violation.  

For more information, please click here.

The USCIS reminds nationals of El Salvador (and persons without nationality who last habitually resided in El Salvador), who have Temporary Protected Status (TPS), to file their re-registration applications for TPS before the end of the re-registration period on Sept. 7, 2010.

The 18-month extension of TPS for El Salvador will remain in effect through March 9, 2012.  Individuals who have received TPS previously must re-register for the 18-month extension during the re-registration period. Failure to file a TPS re-registration application during the re-registration period, without good cause, will result in withdrawal of TPS benefits, including employment authorization and protection from removal from the United States.

To re-register, all TPS beneficiaries must file both the Application for Temporary Protected Status, Form I-821, and the Application for Employment Authorization, Form I-765, with the correct fees or a properly documented fee waiver request.  If the TPS re-registrant is not seeking employment authorization or an extension of his/her current employment authorization, the Form I-765 fee is not required, but the re-registrant must still file Form I-765 for data-gathering purposes.  All TPS re-registrants age 14 and older must submit the biometric fee. Applicants who are able to demonstrate an inability to pay may request a fee waiver for the TPS application, biometric services or employment authorization, or all three fees combined. Failure to submit the required application and biometric fees or a properly documented fee waiver request will result in the rejection of the re-registration application.

For more information and links to forms, please click here.

The Department of State has released the latest visa bulletin for September 2010.

Please visit the Department of State website for more details.