US Code

Public Law 119-73 (01/23/2026)

8 U.S.C. § 1258

Change of nonimmigrant classification

(a)
section 1182(a)(9)(B)(i) of this titlesection 1182(a)(9)(B)(v) of this title The Secretary of Homeland Security may, under such conditions as he may prescribe, authorize a change from any nonimmigrant classification to any other nonimmigrant classification in the case of any alien lawfully admitted to the United States as a nonimmigrant who is continuing to maintain that status and who is not inadmissible under (or whose inadmissibility under such section is waived under ), except (subject to subsection (b)) in the case of—
(1)
section 1101(a)(15) of this title an alien classified as a nonimmigrant under subparagraph (C), (D), (K), or (S) of ,
(2)
section 1101(a)(15) of this title an alien classified as a nonimmigrant under subparagraph (J) of who came to the United States or acquired such classification in order to receive graduate medical education or training,
(3)
section 1101(a)(15) of this titlesection 1182(e) of this titlesection 1101(a)(15) of this title an alien (other than an alien described in paragraph (2)) classified as a nonimmigrant under subparagraph (J) of who is subject to the two-year foreign residence requirement of and has not received a waiver thereof, unless such alien applies to have the alien’s classification changed from classification under subparagraph (J) of to a classification under subparagraph (A) or (G) of such section, and
(4)
lsection 1187 of this title an alien admitted as a nonimmigrant visitor without a visa under section 1182() of this title or .
(b)
section 1101(a)(15) of this title The exceptions specified in paragraphs (1) through (4) of subsection (a) shall not apply to a change of nonimmigrant classification to that of a nonimmigrant under subparagraph (T) or (U) of .

June 27, 1952, ch. 47766 Stat. 218Pub. L. 87–256, § 109(d)75 Stat. 535Pub. L. 97–116, § 1095 Stat. 1617Pub. L. 99–603, title III, § 313(d)100 Stat. 3439Pub. L. 103–322, title XIII, § 130003(b)(3)108 Stat. 2025Pub. L. 104–208, div. C, title III, § 301(b)(2)110 Stat. 3009–578Pub. L. 109–162, title VIII, § 821(c)(1)119 Stat. 3062(, title II, ch. 5, § 248, ; , , ; , , ; , , ; , , ; , title VI, § 671(a)(2), , , 3009–721; , , .)

Editorial Notes

Amendments

Pub. L. 109–1622006— designated existing provisions as subsec. (a), substituted “Secretary of Homeland Security” for “Attorney General”, inserted “(subject to subsection (b))” after “except” in introductory provisions, and added subsec. (b).

Pub. L. 104–208, § 301(b)(2)section 1182(a)(9)(B)(i) of this titlesection 1182(a)(9)(B)(v) of this title1996—, in introductory provisions, inserted “and who is not inadmissible under (or whose inadmissibility under such section is waived under )” after “maintain that status”.

Pub. L. 104–208, § 671(a)(2)Pub. L. 103–322, § 130003(b)(3)Par. (1). , made technical amendment to directory language of . See 1994 Amendment note below.

Pub. L. 103–322, § 130003(b)(3)Pub. L. 104–208, § 671(a)(2)1994—Par. (1). , as amended by , substituted “(K), or (S)” for “or (K)”.

Pub. L. 99–6031986—Par. (4). added par. (4).

Pub. L. 97–1161981— permitted certain exchange visitors who are not subject to a requirement of returning to their home countries for two years, or who have had such requirement waived, to adjust to a visitor or diplomat status, prohibited the adjustment of nonimmigrant status by fiancee or fiance nonimmigrants, and specifically precluded the change of status with respect to doctors who have entered the United States as exchange visitors for graduate medical training, even if they have received a waiver of the two-year foreign residence requirement.

Pub. L. 87–256section 1101(a) of this title1961— inserted references to paragraph (15)(J) of in two places.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

section 301(b)(2) of Pub. L. 104–208section 309 of Pub. L. 104–208section 1101 of this titleAmendment by effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after , see , set out as a note under .

section 671(a)(2) of Pub. L. 104–208Pub. L. 103–322section 671(a)(7) of Pub. L. 104–208section 1101 of this titleAmendment by effective as if included in the enactment of the Violent Crime Control and Law Enforcement Act of 1994, , see , set out as a note under .

Effective Date of 1981 Amendment

Pub. L. 97–116section 21(a) of Pub. L. 97–116section 1101 of this titleAmendment by effective , see , set out as a note under .

Abolition of Immigration and Naturalization Service and Transfer of Functions

section 1551 of this titleFor abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under .