United States Code

8 U.S.C. § 1258

Change of nonimmigrant classification

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Bills that would change it 40

  • HR 9157 American White-Collar Worker Jobs Act of 2026 Amends · introduced · 119th Congress
  • HR 8443 End H–1B Visa Abuse Act of 2026 Amends · introduced · 119th Congress
  • HR 6670 Temporary Family Visitation Act Amends 1258(a)(1) · introduced · 119th Congress
  • S 3440 Temporary Family Visitation Act Amends 1258(a)(1) · introduced · 119th Congress
  • HR 4393 DIGNIDAD (Dignity) Act of 2025 Amends 1258(a)(1) · introduced · 119th Congress
  • HR 4201 TPS Reform Act of 2025 Amends its part 1258(b), 1258(c)(2)(B) · introduced · 119th Congress
  • S 2106 SECURE Act Amends its part · introduced · 119th Congress
  • HR 696 End Unaccountable Amnesty Act Amends its part 1258(a)(27)(J) · introduced · 119th Congress
  • HR 3194 U.S. Citizenship Act Amends its part 1258(a), 1258(a)(15)(V) · introduced · 118th Congress
  • HR 3599 DIGNIDAD (Dignity) Act of 2023 Amends 1258(a)(1) · introduced · 118th Congress
  • S 3987 Stateless Protection Act of 2024 Amends its part · introduced · 118th Congress
  • HR 7755 Stateless Protection Act of 2024 Amends its part · introduced · 118th Congress
  • S 3255 Temporary Family Visitation Act Amends 1258(a)(1) · introduced · 118th Congress
  • HR 5155 Temporary Family Visitation Act Amends 1258(a)(1) · introduced · 118th Congress
  • HR 3043 Citizenship for Essential Workers Act Amends its part 1258(a)(48) · introduced · 118th Congress
  • S 1392 Citizenship for Essential Workers Act Amends its part 1258(a)(48) · introduced · 118th Congress
  • S 819 Fairness for Immigrant Families Act Amends 1258(a) · introduced · 118th Congress
  • HR 9685 Refugee Protection Act of 2022 Amends its part 1258(a)(42), 1258(b)(1) · introduced · 117th Congress
  • HR 9671 Stateless Protection Act of 2022 Amends its part · introduced · 117th Congress
  • S 5330 Stateless Protection Act of 2022 Amends its part · introduced · 117th Congress
  • S 5353 Refugee Protection Act of 2022 Amends its part 1258(a)(42), 1258(b)(1) · introduced · 117th Congress
  • HR 7356 TPS Reform Act of 2022 Amends its part 1258(b), 1258(c)(2)(B) · introduced · 117th Congress
  • HR 7650 International Press Freedom Act of 2022 Amends 1258(b) · introduced · 117th Congress
  • HR 3215 Temporary Family Visitation Act Amends 1258(a)(1) · introduced · 117th Congress
  • HR 1909 Citizenship for Essential Workers Act Amends its part 1258(a)(48) · introduced · 117th Congress
  • S 1638 Fairness for Immigrant Families Act Amends 1258(a) · introduced · 117th Congress
  • S 1635 Temporary Family Visitation Act Amends 1258(a)(1) · introduced · 117th Congress
  • S 747 Citizenship for Essential Workers Act Amends its part 1258(a)(48) · introduced · 117th Congress
  • S 1495 International Press Freedom Act of 2021 Amends 1258(b) · introduced · 117th Congress
  • HR 1177 U.S. Citizenship Act Amends its part 1258(a), 1258(a)(15)(V) · introduced · 117th Congress
  • S 348 U.S. Citizenship Act Amends its part 1258(a), 1258(a)(15)(V) · introduced · 117th Congress
  • HR 4151 Undocumented Taxpayers Opportunity Act of 2019 Amends its part · introduced · 116th Congress
  • HR 3899 TPS Reform Act of 2019 Amends its part 1258(b), 1258(c)(2)(B) · introduced · 116th Congress
  • HR 641 Agricultural Worker Program Act of 2019 Amends its part · introduced · 116th Congress
  • S 175 Agricultural Worker Program Act of 2019 Amends its part · introduced · 116th Congress
  • HR 3647 Save America Comprehensive Immigration Act of 2017 Amends its part 1258(j), 1258(i) · introduced · 115th Congress
  • HR 2690 Agricultural Worker Program Act of 2017 Amends its part · introduced · 115th Congress
  • HR 2604 TPS Reform Act of 2017 Amends its part 1258(b), 1258(c)(2)(B) · introduced · 115th Congress
  • S 1034 Agricultural Worker Program Act of 2017 Amends its part · introduced · 115th Congress
  • HR 264 Save America Comprehensive Immigration Act of 2009 Amends its part 1258(j), 1258(i) · introduced · 111th Congress

The law today

From the official United States Code, current through Public Law 119-124.

(a) 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 section 1182(a)(9)(B)(i) of this title (or whose inadmissibility under such section is waived under section 1182(a)(9)(B)(v) of this title), except (subject to subsection (b)) in the case of— (1) an alien classified as a nonimmigrant under subparagraph (C), (D), (K), or (S) of section 1101(a)(15) of this title, (2) an alien classified as a nonimmigrant under subparagraph (J) of section 1101(a)(15) of this title who came to the United States or acquired such classification in order to receive graduate medical education or training, (3) an alien (other than an alien described in paragraph (2)) classified as a nonimmigrant under subparagraph (J) of section 1101(a)(15) of this title who is subject to the two-year foreign residence requirement of section 1182(e) of this title and has not received a waiver thereof, unless such alien applies to have the alien’s classification changed from classification under subparagraph (J) of section 1101(a)(15) of this title to a classification under subparagraph (A) or (G) of such section, and (4) an alien admitted as a nonimmigrant visitor without a visa under section 1182(l) of this title or section 1187 of this title. (b) 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 section 1101(a)(15) of this title.
Official text at uscode.house.gov ↗