Chapter 4 - School Transfer
A. F-1 Students
F-1 students who are maintaining status must notify the Designated School Official (DSO) at their current school of the request to transfer to another school certified by the U.S. Immigration and Customs Enforcement Student and Exchange Visitor Program (SEVIS).[1] An F-1 student may start a transfer during the 60-day grace period following completion of their studies since the student is considered to be maintaining status during this grace period. An F-1 student who did not pursue a full course of study at the school the student was last authorized to attend is ineligible for school transfer and must apply for reinstatement,[2] or alternatively, may depart the country and return as an initial entry in a new F-1 nonimmigrant status.[3]
An F-1 student admitted for duration of status may continue from one educational level to another, such as progressing from high school to a bachelor’s program or a bachelor’s program to a master’s program, by following the procedures for transferring schools.[4]
1. Students Who Are Not Pursuing a Full Course of Study
With the exception of those who are authorized by the DSO to take less than a full load for valid academic, medical, or hardship reasons, DHS considers any student who is not pursuing a full course of study at the school the student is authorized to attend to be out of status. Such a student may not transfer to a different school without first requesting reinstatement.
While the request for reinstatement is pending, and if classes are in session, the student should be enrolled in school as the student will have to abide by the terms of the F-1 status as of the date of reinstatement, including being enrolled on a full time basis.[5] While there is no appeal of a denial of the application for reinstatement, a student may file a motion to reopen or reconsider according to the instructions on the USCIS denial notice. Otherwise, the student must depart the United States upon notification of the denial by USCIS.
2. Five-Month Limit
When transferring between schools or programs, a student may not remain in the United States unless the student is able to resume classes at the transfer school or program within 5 months of transferring out of the current school, or within 5 months of the program completion date as indicated on the Certificate of Eligibility for Nonimmigrant Student Status (Form I-20) issued by the current school, whichever date is earlier. For a student authorized to engage in post-completion Optional Practical Training (OPT), the student must be able to resume classes within 5 months of transferring out of the current school that recommended OPT or by the date the OPT authorization ends, whichever is earlier.
An F-1 student’s authorization to engage in OPT employment is automatically terminated when the student transfers to another school or begins study at another educational level.[6]
B. M-1 Students
1. Eligibility
A nonimmigrant admitted as an M-1 student or who changes status to M-1 may not transfer to another school after 6 months from the date of admission as or change of status to an M-1 student. However, there is an exception if the student was unable to remain at the school which initially admitted the student due to circumstances beyond the student’s control.
An M-1 student may be otherwise eligible to transfer to another school if the student:
- Is a bona fide nonimmigrant;
- Has been pursuing a full course of study at the school the student was last authorized to attend;
- Intends to pursue a full course of study at the school to which the student intends to transfer; and
- Is financially able to attend the school to which the student intends to transfer.
2. Procedure
An M-1 student must apply to USCIS on an Application to Extend/Change Nonimmigrant Status (Form I-539), for permission to transfer between schools. The student must first notify the student’s current school (the transfer-out school) of the intent to transfer and indicate the school to which the student intends to transfer (the transfer-in school).
Upon notification by the student, the transfer-out school must update SEVIS to show the student is transferring out, indicate the transfer-in school, and input the release date for transfer. Once the transfer-out school updates SEVIS, the transfer-in school generates a Form I-20 for transfer. However, the transfer-in school will not gain access to the student’s SEVIS record until the release date. Upon receipt of the Form I-20 from the transfer-in school, the student must submit a Form I-539.[7]
The student may enroll in the transfer-in school at the next available term or session and is required to notify the DSO of the transfer-in school immediately upon beginning attendance. The transfer-in school must update the student’s registration record in SEVIS.[8]
If USCIS approves the application, the program start date listed on the Form I-20 is the approval transfer date, and the student is granted an extension of stay for the lesser of the period of time necessary to complete the new course of study plus 30 days, or for a total period of 1 year. If USCIS denies the Form I-539, the student is out of status.[9] A student who has not been pursuing a full course of study must apply for and be granted reinstatement to student status before being eligible to transfer to a new school.
Footnotes
[^ 1] See 8 CFR 214.2(f)(8)(i).
[^ 2] See 8 CFR 214.2(f)(16).
[^ 3] See 8 CFR 214.2(f)(8)(i).
[^ 4] See 8 CFR 214.2(f)(8).
[^ 5] See the DHS, Study in the States, Reinstatement COE (Form I-20) webpage.
[^ 6] See 8 CFR 214.2(f)(10)(ii)(B).
[^ 7] See 8 CFR 214.2(m)(11).
[^ 8] See 8 CFR 214.3(g)(3).