B2 or F1 visa better option for someone interested in visiting US for short-term study/touristic purposes?

[chariotsophyre 0]

Hi! A friend of mine from Colombia is looking to spend a month or two in the US during his next break from his university classes, and I am trying to help him figure out the best way to do that. His reasons for wanting to go to the US are because he wants to improve his (already pretty good) English to bolster his chances of being accepted by a US university next year for his study abroad semester (via taking English classes in the US), as well as to have the opportunity to get to see the US a bit in touristic terms.

 

As a result, he's trying to figure out which visa option will be the best option for him and give him the best chance to be approved.  On the one hand, there's the B2 visa with which he could take up to 18 hours of classes a week, and on the other, there's the F1 visa, with which he could take more class hours. I don’t see a huge difference between these options, in the sense that the programs he is looking at under a B2 visa tend to be about 16 hours of weekly study, and the F1 programs, 20-24—not a huge difference. As a result, his preference would just be for whatever gives him the best chance of being approved. Any thoughts?

Edited October 10, 2017 by chariotsophyre

[Crazy Cat 42,032]

From USCIS:

Is it permissible to enroll in school while in B-1/B-2 status?

No, it is not.  The regulations, at 8 CFR 214.2(b)(7), specifically prohibit a course of study in the United States while in B-1 or B-2 status.

Before enrolling in a course of study, 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 a course of study while in B-1/B-2 status will result in a status violation.  Individuals in B-1 or B-2 status, who have violated their nonimmigrant status by enrolling in a course of study, are not eligible to extend their B status or change to F-1 or M-1 status. These regulations provide no exceptions.

 

Enrolling while in a B2 status seems pretty foolish to me...

Edited October 10, 2017 by missileman

[chariotsophyre 0]

7 minutes ago, missileman said:

From USCIS:

Is it permissible to enroll in school while in B-1/B-2 status?

No, it is not.  The regulations, at 8 CFR 214.2(b)(7), specifically prohibit a course of study in the United States while in B-1 or B-2 status.

Before enrolling in a course of study, 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 a course of study while in B-1/B-2 status will result in a status violation.  Individuals in B-1 or B-2 status, who have violated their nonimmigrant status by enrolling in a course of study, are not eligible to extend their B status or change to F-1 or M-1 status. These regulations provide no exceptions.

Thank you for this link, Missileman! I'm wondering perhaps whether laws on this topic have been updated recently? Because almost all language schools my friend sent me the link to specifically say that the B2 visa/less than 18 hour course thing is a completely above board thing to do. I searched and couldn't find any recent pages that contradict what you are saying, but many pages online reference this option as viable.  The page I found below quotes DOS guidance from 2010, which states that:

"If you are going to the U.S. primarily for tourism, but want to take a short course of study which is recreational, and the course is less than 18 hours per week, you may be able to do so on a visitor visa. If your course of study is 18 hours or more a week, you will need a student visa. When traveling to the U.S. to attend seminars or conferences for credit towards a degree, then you'll need a student visa."

https://www.nafsa.org/Resource_Library_Assets/Regulatory_Information/USCIS_Guidance_On_B_Study_And_Change_Of_Status/
 

[Crazy Cat 42,032]

26 minutes ago, chariotsophyre said:

I don’t see a huge difference between these options, in the sense that the programs

Here is the problem and the difference......a person with a B2 visa is NOT allowed to enroll in ANY program......programs are not recreational.......

PRACTICE ADVISORY

While the USCIS guidance is basically consistent with prior guidance on students who wish to enroll in a full course of study and need a change of status to F-1 to do so, there are several issues in the new guidance that may be confusing:

• First, the USCIS guidance uses the term "enroll in classes" rather than the regulatory term "enroll in a course of study” found at 8 C.F.R. § 214.2(b)(7) and 8 C.F.R. § 248.1(c)(3), and so the language in the USCIS memo makes the restriction seem much broader. A 2002 INS memo had defined course of study as follows: "The term 'course of study' implies a focused program of classes, such as a full-time course load leading to a degree or, in the case of a vocational student, some type of certification. Casual, short-term classes that are not the primary purpose of the alien's presence in the United States, such as a single English language or crafts class, would not constitute a 'course of study.' Courses with more substance or that teach a potential vocation, such as flight training, would be considered part of a 'course of study' and thus would require approval of a student status."
• Second, the incidental study guidance on the DOS Web site states that: "If you are going to the U.S. primarily for tourism, but want to take a short course of study which is recreational, and the course is less than 18 hours per week, you may be able to do so on a visitor visa. If your course of study is 18 hours or more a week, you will need a student visa. When traveling to the U.S. to attend seminars or conferences for credit towards a degree, then you'll need a student visa." DHS and DOS need to integrate their guidance on this topic.

It might be technically possible to enroll in short classes (no credit), but to enroll in a program might cause a problem.

just my opinion..

Disclaimer:  I am not an expert in B2 or F visas........I just know how to use google....

[chariotsophyre 0]

We're just debating over semantics at this point though, no?  Question 1 still on the table here still is whether the 2010 guidance around the 18-hour rule still applies, in terms of separating what is a "program" or a "course of study" (F1 visa required, for sure) from "casual, short-term classes" or a "short, recreational course of study" (may be possible on B2 visa, per 2010 guidelines).

 

Assuming the rule does still apply, Question 2 (whether the F1 or B2 visa for my friend's particular situation is a more likely option) is still on the table as well.

 

On your point, though, I'll definitely tell my friend to be careful with the use of the former two phrases in his interview/application, and instead tell him to stick to the latter two to avoid immigration officers misconstruing his intentions, per the guidance above. Good point.
 

[chariotsophyre 0]

Anyone have any additional thoughts here on the two questions above that I'm still trying to figure out the answer to?

[BuiQuang 95]

u got right answers.  u do not like it.  if u do not think problem then have friend tell CO what classes he plan to take on B1 visa.

[chariotsophyre 0]

7 hours ago, BuiQuang said:

u got right answers.  u do not like it.  if u do not think problem then have friend tell CO what classes he plan to take on B1 visa.

Hi BuiQuang. Thanks for chiming in. It's not that I received the "right answers" that I don't like, it's that I received some useful feedback from Missileman, but the jury remains out on whether my friend telling the CO the classes he plans to take on a B1 visa will cause him any problems.  As I noted above, if the 2010 DOS guidance is still in force, and my friend were to tell the CO that one of the reasons he wants to go to the US is to take 15 hours a week of part-time English courses, there should be no problem. But, if it is no longer in force, it will be a problem, and I imagine they would deny him and tell him to apply for an F1 visa.