DHS Eliminates “Bridging the Gap” Requirement for Applicants for F-1 Student Status

USCIS has announced that it will no longer require foreign nationals in the U.S. who have applied to change their status to F-1 student to maintain an underlying status by filing “bridge applications” while their change of status application is in process.  With USCIS taking anywhere between 11 to 18 months to adjudicate these applications to change status to F-1 and extremely limited options for foreign nationals to pick up F-1 visas at US Consulates abroad due to the pandemic, foreign nationals intending to study in the US had been obliged to file applications to maintain an underlying status, such as visitor, if their status at the time they filed the application to change status to student had subsequently expired.  

These “bridge applications” had their own evidentiary requirements and filing fees, and also took eight to ten months to be approved.  In effect, intending international students were responsible for two applications: one to change their status to  international student and the other to maintain their underlying status. 

This burdensome requirement to maintain an underlying status heavily impacted dependent children of professional workers  in H-1B, L-1, and E status who turned 21 and no longer qualified as dependent children. While their applications to change status to F-1 were pending, they had to apply for and maintain another status, usually as visitor, so there were no interruptions in their status, until their change of status to F-1 was approved.  Trainees, interns and au pairs in J-1 status who wanted to study in the US after completing their J- program also were impacted.  

Fortunately, as of July 20, 2021, USCIS has eliminated this requirement. Now,  F-1 change of status applicants are no longer required to file for extension or change of nonimmigrant status while their original application is pending. To prevent gaps in status, USCIS will make F-1 status valid on the date of approval. 

If USCIS approves an F-1 change of status application more than 30 days before the school’s start date, the student must not violate the terms of F-1 status during that time by engaging in unauthorized employment. 

This new policy is a welcome change. In its own announcement, USCIS noted that the new policy will reduce workloads and costs for both the applicants and USCIS. 

While this guidance is effective immediately, USCIS is still in the process of updating the Application to Extend/Change Nonimmigrant Status (Form I-539) to reflect these changes. 

This alert is for informational purposes only. Please contact us if you would like to discuss this further.