IMMIGRATION ISSUES

This section of our website will present discussion of timely issues in immigration law, or answers to questions that come up frequently in my conversations with clients. If you have a question about these or any other immigration-related issues, send it to me, and I will post the answer on the website.   Click here to submit your questions.
 
Can I take classes as a visitor to the United States?
 
A visitor’s visa permits the visa holder to visit the United States, but what does that mean, exactly?  Can a B-2 visa holder take dance classes or be an unpaid apprentice in order to learn a new field?  The regulations are quite clear that enrollment in a course of study is prohibited and that the visitor who enrolls in a course of study is in violation of his or her status.  On the other hand, the U.S. Department of State website says that if you are traveling to the U.S. primarily for tourism but want to take a short course of study of less than 18 hours per week, you may be able to do so on a visitor visa.
 
What is the meaning of “a course of study?”  Is any type of formalized study permissible? The Department of Homeland Security (DHS) sent a guidance memorandum to its field offices to clarify how the rule should be interpreted and applied in regard to the definition of "course of study." The DHS guidance memorandum states, in part,
 

". . .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 student status; . . ."
 

This memorandum clarifies that the rule applies primarily to those kinds of enrollment that would normally be full-time and would normally be undertaken in F-1, M-1, or J-1 status. One might ask whether the teacher of the classes or the person offering the mentoring would be authorized to issue I-20s.  Are the classes consistent with an activity one might undertake on vacation – such as dancing? Under the current student rules, those classes would generally not qualify one for F, M, or J status. Such classes would therefore be allowed on the B-1 or B-2. However, enrolling in a full-time a program offered by an I-20 school may not be appropriate for someone in B-1 or B-2 status under this rule. A visitor wishing to enroll in such a program would be safer requesting a change of status and waiting for that status to be approved before beginning school.
 
Violating a visitor’s visa has very serious immigration consequences.  Thus, the course one chooses has significant consequences.  Violating a visa has a serious and long-term impact on one’s ability to obtain permission to return to the U.S.  If you are planning to apply for a visitor’s visa, you might ask the consular officer if a particular class is permissible. In fact the Department of State website advises B-2 visa applicants to inquire regarding the appropriateness of classes.

See Legal Notice.

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