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Immigration Article: How to come to the U.S. without a degree or experience

Posted on January 21, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have tried to come to the U.S. many times, but only to get refused by the U.S. embassy. I have been told that I do not qualify for an H-1B or Specialty Occupation Work Visa because I do not have a college degree. I have been told that I cannot get a Labor Certification for the Green Card because I have no experience and I have been told that I cannot work on a Student Visa. I really want to come to the United States, but do not know how. Can you suggest any options?

Answer: Yes, there is a visa known as the H-3 Visa. It is known as the trainee visa. What this means is that you can come to the United States in order to get training in a field that interest you.

Question: Are you allowed to work on this visa?

Answer: First, the visa is not primarily for working. However, as long as there is a program that you will be trained, then work can be done in order to supplement and understand the training. Thus, there will be a portion of each day that will be devoted to working. You can get paid for this work.

Question: What if the company does not have a training program?

Answer: It is not necessary that they already have a training program. However, if they already have one in existence, then it would go smoother. However, the training program can be established for the first time so that you can come to the U.S. to get the training with the necessary work support to understand the training.

Question: What types of positions will qualify for the H-3 Visa?

Answer: There is not any particular position. That is why this is such a nice visa. It can be computer related, managerial related, medical, operational, clerking, warehousing, and so on.

Question: How long does this visa last for?

Answer: Normally, it lasts for up to two years. But you want to keep something in mind. First, as long as you leave the U.S. prior to the actual two years has been completed, you can return to the U.S. at any time afterwards with a valid visa. However, if you actually stay the entire two years, you must stay outside of the U.S. for six months.

Question: Is there anyway to change your status to another visa after you would get the H-3?

Answer: Yes, you can change or adjust your status when you’re on the H-3. For example, part of your training might be to complete your degree. Once that happened, then you could change for H-3 to H-1B which is a working visa. You could also change it to a myriad of different other types of visas. This visa is a very nice one for people in your situation and all you need is a company willing to sponsor you for this visa with the intention to train you for some type of position. You should inquire into this visa so that you are not stuck outside the U.S.

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The Visa with Multiple Faces

Posted on January 20, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have tried to come to the United States on different types of visas, but have been denied at each turn. I cannot get a Visitor Visa and do not qualify for an H-1B work visa. I have also been denied the Student Visa. Do you have any suggestions?

Answer: The J Visa is very versatile. One can come in on the J Visa for many types of purposes. For example, the J Visa is available for students, professors and research scholars, short-term scholars, trainees, specialists, foreign medical graduates, international and government visitors, teachers, camp counselors and au pairs.

Question: Can you explain in some more detail what is involved with these categories?

Answer: For the students, a J is available for persons going to colleges that have been approved with a J Program. Students under certain conditions are allowed to work.

A trainee is one of the more popular uses of the J Visa. A trainee as an individual participating in a structured training program conducted by the selecting sponsor. The primary purpose of the trainee category is to enhance the exchange visitor’s skills in his or her specialty or non-specialty occupation through participation in a structured training program and to improve the participant’s knowledge of American techniques, methodologies, or expertise. The following areas are available for issuance of the J-1 Visa. Arts and culture; information media and communications; education, social sciences; library science, counseling and social services; management, business, commerce and finance; health-related occupations; aviation; the sciences, engineering, architecture, mathematics, and industrial occupations; construction and building trades; agriculture, forestry and fishing; public administration and law; and various other occupations as specified by the sponsor.

A J-1 specialist is defined as an individual who is an expert in a field of specialized knowledge or skill coming to the United States for observing, consulting, or demonstrating special skills. This category does not include professors, research scholars, short-term scholars, or foreign physicians in training programs. This type of J-1 can by used in lieu of the H-1B.

The au pair program permits foreign nationals to enter the United States for up to one year to live with a U.S. host family and participate directly in the home life of the family while providing limited child care services and attending a U.S. post-secondary educational institution.

Professors and research scholars may be sponsored as J-1 exchange visitors to engage in research, teaching, lecturing, observing, or consulting at research facilities, museums, libraries, post-secondary accredited educational institutions, or similar institutions.

Foreign medical graduates sponsored by accredited academic institutions with designated exchange visitor programs may come to the United States as exchange visitors for the purposes of observation, consultation, teaching, or research.

Teachers may be sponsored as exchange visitors to teach full-time at accredited primary or secondary educational institutions.

Secondary school students may come to the United States as J exchange visitors for up to one year to study at a U.S. public or private secondary school, while living with a U.S. host family or at an accredited U.S. boarding school.150 Participants must pursue a full course of study at an accredited educational institution for at least one and not more than two academic semesters.

A camp counselor is an individual selected to be a counselor in a summer camp in the United States who imparts skills to American campers and information about his or her country or culture. Participation in camp counselor exchange programs is limited to foreign nationals who are at least 18 years old and are bona fide youth workers, students, teachers, or individuals with special skills.

The summer/student travel work program is a program that authorizes foreign university students to travel and work in the United States during their summer vacations to involve the students directly in daily life in this country through temporary employment opportunities.

As you can see, the J Visa offers many options. While there may be a two-year foreign residency requirement, many times this type of visa offers the only hope for getting into the U.S.

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Title: You mean I don’t have to go back?

Posted on January 13, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have been here for several months on a Visitor Visa and have found that I love the U.S. I do not want to return to my home country. I have a Visa that states it is a Multiple Entry Visitor Visa for the next ten years. However, when I entered the U.S., I was given a white card that states that I must leave by next month. Is there anything I can do?

Answer: First, while you get the Visa at the U.S. Consulate or Embassy, it is the INS who actually controls how long you will stay in the U.S. They are the organization that you must pass at any port of entry into the U.S. A port of entry can be by road (i.e., from Canada or Mexico), or by airport (anywhere in the world.) When you enter the U.S., the INS (Immigration and Naturalization Service) will issue what is known as an I-94. This is a white card that is stapled to your passport. It will state exactly when you are authorized to stay in the U.S. If the visa in your passport lasts longer than the I-94, that is irrelevant. Further, if your passport expires during your stay in the U.S. that is also irrelevant as long as the time on your I-94 is still available.

You can file for a change of status. What this means is that as long as the application to change your status is done PRIOR to the expiration of your current stay, you will be able to remain in the U.S. while that application for change of status is being ruled upon.

Question: I read somewhere that the INS wants these type of applications at least 45 days before the expiration of your status. Is that true?

Answer: Normally that is true. However, the law is very specific. As long as you are currently in status at the time the application is received by INS, it will be timely. As a matter of fact, there have been many occasion when my office gets someone in the day before expiration of their status. We prepare the application and actually have it hand delivered on the day of expiration. In that event, it is still timely.

Question: What are the possibilities for changing my status and what types of applications will work?

Answer: Actually, there is a variety of different applications you can do. There are many different kinds of work visas such as the H-1B, H-2B, O-1, P-1 and so on. You can also change to a Student Status such as F-1 or M-1. To change to a working status you would need an employer who would agree to sponsor you. To change to a Student Status, you would need to get the I-20 from a school and then have that submitted with the application for Change of Status.

Question: Once I file the application for Change of Status can I start working or going to school right away?

Answer: No. You must wait while INS rules on the matter. However, you are given an automatic extension of your current status while the Change of Status is pending. Therefore, if you want to stay in the U.S. and your current status is about to expire, there are many ways to change your status and you should take advantage of the appropriate one.

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Jumping Ship is a thing of the past

Posted on December 28, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I am a member of the crew on a luxury ship. I know many of my friends have basically ‘jumped ship’ once they got to the U.S. They would just be on the crew list and then once came to the U.S. they would jump ship, not return and are now illegally living in the U.S. Some have been deported and others cannot find work. Why does the U.S. make it so easy to do this?

Answer: Previously, the law permitted a crew member to enter the United States on the basis of a crew manifest that has been given visas by a consular officer. However, this does not require a consular officer to visa a crew manifest and it authorizes the officer to deny admission to any individual alien whose name appears on a given visas crew manifest. However, in most instances, each and every crew member was not interviewed for the visa. It was the ‘crew manifest’ that was used. Now, the Crew List Visa has been eliminated.

Question: Why Has the Department Eliminated the Crew List Visa?

Answer: The Department has eliminated the crew list visa for security reasons. Since the September 11, 2001 attacks, the Department has reviewed its regulations to ensure that every effort is being made to screen out persons whom they deem to be undesirable. By eliminating the crew list visa, the Department will ensure that each crewmember entering the United States is be required to complete the nonimmigrant visa application forms, submit a valid passport and undergo an interview and background checks. Additionally, visas issued after October 26, 2004 have a biometric indicator. This means crew list visas would necessarily be eliminated by that date.

Question: Won’t this now make it more difficult for crewman to get visas in the first-place?

Answer: Regarding difficulties for crewmen obtaining individual visas caused by last-minute scheduling, the Department recognizes the problem, but continues to believe that the security of the U.S. demands individual crew visas despite the dislocations that the requirement may cause initially. Nevertheless, the Department hopes that shipping companies and unions will encourage their employees and members to obtain visas where there is a reasonable possibility that a crewman may be required to enter the U. S. at any time.

Thus, as with most immigration related visa issues, it is getting more difficult to enter the U.S. Hopefully, this increased scrutiny and way of issuing visas will not hamper or impair the shipping industry into the U.S. Many ships change schedules during the last minute, or have to get crew persons to work the ships at a moments notice. If they cannot get the proper people to man and work the ships, it is possible that this new regulation and way of individually issuing visas to crewmembers will have an effect on the U.S. economy. Additionally, for those people who ‘jumped ship’, it is likely that they can and will still continue to do so as they will still be in the U.S. upon arrival. Clearly, persons should not do this and should find alternatives around coming to the U.S. and staying illegally. However, the new policy of issuing visas individually to crew members may not have the desired effect that the U.S. intends.

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I can file online!

Posted on December 21, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have heard that in the past the USCIS has accepted work permit applications online and that this program has been very effective. Why do they not accept more types of forms online?

Answer: Actually, USCIS expanded their e-filing service online as of May 26, 2004. Now, the U.S. Citizenship and Immigration Services (USCIS) include six new forms for customers to apply for immigration benefits online to expand its E-Filing program.

Initially, when the Internet-based customer service initiative began last year (May 2003), it allowed customers to file for two of the most frequently used applications online: Application to Replace a Permanent Resident Card (Form I-90) and Application for Employment Authorization (Form I-765).

With the addition of the six new forms online, E-Filing now supports eight forms that account for more than 50% of the total volume of benefits applications USCIS receives annually. Since the establishment of E-Filing, more than 115,000 customers have chosen to apply online for immigration benefits.

Question: Can you let me know which new forms are now accepted online?

Answer: Form I-90, Application to Replace a Permanent Resident Card; Form I-765, Application for Employment; Form I-129, Petition for a Non-immigrant Worker; Form I-131, Application for Travel Document; Form I-140, Immigrant Petition for Alien Worker; Form I-539, Application to Extend/Change Non-immigrant Status; Form I-821, Application for Temporary Protected Status; Form I-907 and Request for Premium Processing Service Why Use E-Filing.

Question: Is E-filing difficult to do?

Answer: E-Filing is quick, easy and convenient because it allows you to complete and submit applications at any time, from any computer with Internet access. After filing online, you will receive instant electronic confirmation that your applications were received. You can then schedule an appointment, if necessary, to visit an Application Support Center at a convenient time – by calling the National Customer Service Center. You can schedule the appointment for the collection of a digital photograph, signature, and fingerprints. You would pay fees online with a credit or debit card or through the electronic transfer of U.S. funds from your checking or savings account. You do not need to obtain a money order or a cashier’s check.

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Why can’t I file My Adjustment?

Posted on November 16, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have just filed under the PERM program and it was very fast. In fact, it only took two weeks after filing. Now I was prepared to file for my Adjustment of Status application, but am told I cannot. What is going on?

Answer: The U.S. Department of State (DOS) has released its monthly Visa Bulletin for July 2005. This is a document which tells us which categories of employment based visas are current and which are not current. It basically lets us know what the processing priority date is. As of July 1, 2005, the third employment-based immigrant visa categories for professional workers, skilled workers, and unskilled workers will have reached their annual limits, and no further allocations of visas in these categories will be possible for citizens of any country through the end of 2005 fiscal year (FY 2005), which ends on September 30, 2005. With the start of the new fiscal year on October 1, 2005, immigrant visas will once again become available in these categories, but it is not possible to predict at this time what cut-off dates the DOS will impose. When retrogression occurs, the adjustment can no longer be filed.

Question: So what is the priority date that is being processed?

Answer: Note that through June 30, 2005, the cut-off date for professional and skilled workers is June 1, 2002; the cut-off date for unskilled workers from all countries is January 1, 1999. This means that you would have needed a Labor Certification priority date before that time. As of now, those categories are ‘U’ or unavailable.

Basically, individuals approved I-140 petitions in the third employment-based preference category for professional and skilled workers may apply for adjustment of status to permanent residence or for immigrant visas through June 30, 2005 only if their priority dates were before June 1, 2002. Adjustment applications received at a U.S. Citizenship and Immigration Services (USCIS) service center on or before June 30, 2005 with the above met criteria are fine. Concurrent filings of the I-140 and adjustment applications were also permissible through June 30, 2005, provided the individual has a current EB-3 priority date for which an I-140 petition has not yet been filed. Again, such cases must have been received at the service center by June 30, 2005.

Question: What happened after June 30, 2005?

Answer: After June 30, 2005, the USCIS will reject all I-485 adjustment applications for third preference workers unless they are for occupations on the Department of Labor’s Schedule A. Individuals who are applying for immigrant visas abroad must have obtained their visas by June 30, 2005.

Recent legislation provided for the recapture of 50,000 employment-based immigrant visa numbers that were unused in FY 2001 through FY 2004. Such numbers are to be made available to employment-based immigrants described in the Department of Labor’s Schedule A and their accompanying spouses and children. Schedule A applies only to professional nurses, physical therapists, and certain aliens of exceptional ability in the sciences or arts. The Schedule A category is now current, meaning that immigrant visa numbers are available to Schedule A workers. The DOS estimates that immigrant visa numbers for Schedule A beneficiaries should be unaffected by the lack of professional and skilled worker EB-3 numbers for the foreseeable future.

With regard to properly filed adjustment applications (whether filed alone based on an approved I-140 petition or concurrently filed with an unapproved I-140 petition), such applications will be held in abeyance for the foreseeable future once EB-3 numbers retrogress on July 1. However, applicants will be entitled to employment authorization documents (EADs) and advance parole while their adjustment applications remain pending.

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The Visa with Multiple Faces

Posted on October 2, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have tried to come to the United States on different types of visas, but have been denied at each turn. I cannot get a Visitor Visa and do not qualify for an H-1B work visa. I have also been denied the Student Visa. Do you have any suggestions?

Answer: The J Visa is very versatile. One can come in on the J Visa for many types of purposes. For example, the J Visa is available for students, professors and research scholars, short-term scholars, trainees, specialists, foreign medical graduates, international and government visitors, teachers, camp counselors and au pairs.

Question: Can you explain in some more detail what is involved with these categories?

Answer: For the students, a J is available for persons going to colleges that have been approved with a J Program. Students under certain conditions are allowed to work.

A trainee is one of the more popular uses of the J Visa. A trainee as an individual participating in a structured training program conducted by the selecting sponsor. The primary purpose of the trainee category is to enhance the exchange visitor’s skills in his or her specialty or non-specialty occupation through participation in a structured training program and to improve the participant’s knowledge of American techniques, methodologies, or expertise. The following areas are available for issuance of the J-1 Visa. Arts and culture; information media and communications; education, social sciences; library science, counseling and social services; management, business, commerce and finance; health-related occupations; aviation; the sciences, engineering, architecture, mathematics, and industrial occupations; construction and building trades; agriculture, forestry and fishing; public administration and law; and various other occupations as specified by the sponsor.

A J-1 specialist is defined as an individual who is an expert in a field of specialized knowledge or skill coming to the United States for observing, consulting, or demonstrating special skills. This category does not include professors, research scholars, short-term scholars, or foreign physicians in training programs. This type of J-1 can by used in lieu of the H-1B.

The au pair program permits foreign nationals to enter the United States for up to one year to live with a U.S. host family and participate directly in the home life of the family while providing limited child care services and attending a U.S. post-secondary educational institution.

Professors and research scholars may be sponsored as J-1 exchange visitors to engage in research, teaching, lecturing, observing, or consulting at research facilities, museums, libraries, post-secondary accredited educational institutions, or similar institutions.

Foreign medical graduates sponsored by accredited academic institutions with designated exchange visitor programs may come to the United States as exchange visitors for the purposes of observation, consultation, teaching, or research.

Teachers may be sponsored as exchange visitors to teach full-time at accredited primary or secondary educational institutions.

Secondary school students may come to the United States as J exchange visitors for up to one year to study at a U.S. public or private secondary school, while living with a U.S. host family or at an accredited U.S. boarding school.150 Participants must pursue a full course of study at an accredited educational institution for at least one and not more than two academic semesters.

A camp counselor is an individual selected to be a counselor in a summer camp in the United States who imparts skills to American campers and information about his or her country or culture. Participation in camp counselor exchange programs is limited to foreign nationals who are at least 18 years old and are bona fide youth workers, students, teachers, or individuals with special skills.

The summer/student travel work program is a program that authorizes foreign university students to travel and work in the United States during their summer vacations to involve the students directly in daily life in this country through temporary employment opportunities.

As you can see, the J Visa offers many options. While there may be a two-year foreign residency requirement, many times this type of visa offers the only hope for getting into the U.S.

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Can I still Change my Status?

Posted on October 1, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I know that the immigration laws now only allow me to come into the U.S. on a Visitor Visa for only 30 days. I was planning to go to the U.S. to visit, and then later, if I found a good job offer, to change my status to some type of working status. Additionally, if I later decided, I was going to change my status to that of a student. Can I still do this?

 Answer: It appears that it will be much more difficult to change your status in this type of situation. Normally, when visitors came to the U.S. under the B1/B2 Visa, they had six months. At some later point after entering, they would be able to change their status. Please note that some rumors have been spreading that there is no more change of status applications being accepted. This is simply not true. Rather, it is the effect of applying for a change of status once you enter the U.S. that is the problem.

Question: Can you elaborate on what exactly is the problem?

Answer: Actually, when you come in on a Visitor Visa, you are supposed to be doing exactly that. VISITING! That means going to Disneyland, visiting relatives, and having a good time. It does not mean going to school, getting a job or applying for the Green Card. If you come to the U.S. and within 30 days apply for a change of status to some other type of status such as student or worker, the INS may not believe that you intended to ever really visit the U.S. They may assume that you used the Visitor Visa as a means to get into the U.S. so that you could do what you really wanted to do (such as work or go to school.)

 Question: What are the consequences of doing the change of status right after entering the U.S.?

Answer: First, they could deny your change of status application and you could go out of status. Next, the INS may very well assume that you committed fraud. That is, when you got the Visitor Visa and entered the U.S. that you did not really intend to visit, but rather, intended to go to school or to work in the United States. If that happens, you could be deported because you committed misrepresentation and fraud. The fraud will stay with you forever and never goes away. If you ever want to reenter the U.S., you will need to get a Fraud Waiver. Those are not easy waivers to obtain.

Question: What is the best way to avoid these drastic consequences?

 Answer: First, the way that people come into the U.S. is probably going to change. You must decide whether you want to go to school or work since these are the options you might be considering. If you are intending on going to school, then you should get the I-20 and apply for the Student Visa from your home country. Then, when you enter the U.S., you will be entering as a Student, not a Visitor. Alternatively, if you want to work in the U.S., you should have your sponsor file the petition prior to you getting to the U.S. Therefore, you will not have any allegations by INS that you committed fraud. You need to be very careful if you come to the U.S. with a Visitor Visa and then change your status right away. Obviously, since you only will be getting 30 days in the U.S., you must strongly consider not getting a change of status in the U.S.

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Is the U.S. engaging in Racial Profiling?

Posted on September 29, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

December 16, 2002 was the first “special registration call-in” program deadline. The program deadline required all males 16 years of age or older, who are citizens or nationals of one of five designated countries, and who entered the US as non-immigrants before September 10, 2002, to have registered to be fingerprinted and photographed.

A subsequent January 10, 2003 deadline applies to nationals from 13 more countries, and a February 21, 2003 deadline applies to nationals from another two countries.

This measure is yet another false solution to a real problem. Call-in registration offers us little protection because it targets people based on national origin, race and religion, rather than on intelligence information, and alienates the very communities whose cooperation we need. To make matters worse, the registration process is being wrongly applied. Instead of identifying terrorists, the INS in some local offices has used the special registration procedure to identify and detain people who are on the path to permanent residence, but are “out of status” — sometimes through no fault of their own. It makes no sense from security or resource perspectives to target people who eventually will be granted lawful status.

Not only is the call-in registration program ill-conceived, it also is being wrongly and ineffectively implemented and diverts law enforcement resources from initiatives that effectively enhance our security. The Department of Justice has not given the INS the necessary staff and resources to do its job and has not effectively disseminated information about the program. The paucity of information will make it likely that otherwise law-abiding people will not register or will fail to comply with program requirements and, therefore, be considered “per se” guilty of a criminal misdemeanor, deportable, and permanently barred from ever reentering the U.S.

Right now, it is only people from the designated countries that are targeted for this type of Special Registration. However, maybe next month, it will be another 10 countries and the month after another 10 countries. Eventually, the U.S. government might start having people who have relatives born in certain countries register. Eventually, the U.S. government might have U.S. Citizens register.

We must fight for civil liberties and constitutional due process for people here in the U.S. Of course no one wants there to be another terrorist attack. However, it is not real likely that a terrorist is going to go and Special Register. Therefore, the people whom are most likely to commit the terrorist acts are the very ones who will most likely not comply with the Special Registration requirements.

For many people in the U.S., this Special Registration is of no concern to them and they simply paint with a broad brush and state that we must prevent terrorism and that this is necessary. The critical concern is that it is the liberty and freedom of the United States that makes this country the best place on Earth to live. If that freedom and liberty is chipped away at, then the foundation of our country begins to erode.

We must do what is necessary to fight terrorism, but not impinge upon the duly protected constitutional rights of people. We must keep our civil rights and help those that are simply trying to make better lives for themselves. We must not target people and treat them unfairly simply because the color of their skin is different or there national origin is different. Otherwise, the terrorists have won.

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So many Student Visa Regulations! What do I do?

Posted on September 17, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I am a foreign student, but am finding it difficult to maneuver around the new Student Visa Regulations. Can you help to clarify?

Answer: On January 1, 2003, “Retention and Reporting of Information for F, J, and M Nonimmigrants; Student and Exchange Visitor Information System (SEVIS)” went into effect. There are many changes for students.

Question: Under SEVIS, are they any changes for practical training?

Answer: F-1 students now become eligible for a new one-year period of post completion optional practical training (“OPT”) when a student changes to a higher educational level. Under the new rules, a student could receive one year of OPT upon completing a Bachelors, then get an additional one year OPT for Masters, and then, if the student newly enrolls in a Doctoral program, the F-1 can get a third year of post completion OPT once the Ph.D. is completed.

Question: What about my spouse who is on F2? Can she continue to go to school?

Answer: The new rule states that F-2 dependents may not be enrolled full-time in a degree granting course of post-secondary study. F-2 dependents may be enrolled in elementary and secondary school or any a vocational or recreational studies. There is no grandfathering of current F-2s enrolled in college, and all such F-2s must have applied for a change of status to F-1 by March 11, 2003.

Question: What is the obligation of the school at this point under SEVIS?

Answer: The school must report the following within 21 days: failure to maintain F-1 status or complete educational program, change in address or name, graduation early or prior to program end date on SEVIS I-20, disciplinary action taken by school. Each semester and no later than 30 days after the deadline for class registration, schools must report the following: whether the F-1 student has enrolled, identification of any F-1 student who has dropped below a full course of study without authorization, the current address of the F-1 student.

Question: What if I go out of status? Can I be reinstated?

Answer: There is a new rule for getting reinstated. Now, the student must apply for reinstatement not more than 5 months after being out of status. Or, if the application is outside of the 5-month limit, the student must establish that failure to timely file was the result of exceptional circumstances. To have a reinstatement approved, the student must show either that the violation of status resulted from circumstances beyond the student’s control or that the violation relates to a reduction in the student’s course load that would have been within a Designated School Official’s power to authorize and that failure to approve reinstatement would result in extreme hardship to the student.

Question: What if I cannot finish my coursework by the end of the date on the I-20?

Answer: The new rule requires that program extension must be requested by the student prior to the end date on the I-20. Any student who is unable to complete the educational program before the end date on the I-20, and does not request a program extension prior to the end date on the I-20, is out of status.

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