A foreign national who is currently in the United States in valid temporary nonimmigrant status may change to a different classification under most circumstances by using one of two options. S/he can either leave the United States and apply for a new visa in the new classification at the Consulate abroad, or s/he can file for a Change of Status through the Immigration and Naturalization Service (USCIS).

In order to be eligible to change status within the United States, the applicant must have been lawfully admitted to the US as a nonimmigrant, is continuing to maintain that status, and is not inadmissible for having been unlawfully present. A Change of Status must generally be filed before the applicant's authorized stay expires. The filing of an application for Change of Status does not extend one's current status, and one may not assume the new status until it is approved by USCIS. The applicant must also qualify for the new classification sought. There are statutory ineligibility provisions.

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