Good news for students! USCIS eliminates the burdensome F-1 "gap" policy

On July 20, 2021, U.S. Citizenship and Immigration Services (USCIS) announced a new policy that eliminates an arduous requirement for individuals who have applied for a change of status (COS) to F-1 status.  

For context, before this policy change, applicants needed to maintain status up to 30 days before the program start date listed on their Form I-20, Certificate for Eligibility for Nonimmigrant Student Status.  Practically this led to applicants having to file an initial COS, and while that application was pending, having to file subsequent applications to make sure that they will not have a “gap” in their status.

Under the new policy, USCIS no longer requires applicants to submit subsequent applications for extension or change of nonimmigrant status while the COS application to F-1 status is pending with USCIS.  It is important to note that an applicant’s nonimmigrant status must be unexpired at the time of filing the initial COS application and the applicant must not violate their nonimmigrant status. 

You can read more about this policy change at USCIS’s website here.