Can a US visitor change visa to student or work visa?

Yes, your sister can apply for a change of status from a visitor visa (B-2) to a student visa (F-1), but there are some important things to keep in mind:

1. Changing from Visitor Visa (B-2) to Student Visa (F-1):

• Your sister can apply to change her status from B-2 (visitor) to F-1 (student) while she is in the US. However, this can only be done if:

o She has been accepted by a SEVP-approved school in the US.

o She applies for the change of status before her current visitor visa expires.

• The change of status process can take time (several months), and she cannot begin studying until the change of status is approved.

• If she travels outside the US during this process, she will need to apply for an F-1 visa from a US consulate abroad instead of changing status within the US.

2. Changing Visitor Visa to Work Visa:

• Changing from a visitor visa (B-2) to a work visa (such as the H-1B or other work visas) is more complex.

o She would generally need to have a job offer from a US employer who is willing to sponsor her for a work visa.

o She can apply for a work visa while in the US, but her employer would need to go through the H-1B petition process or another appropriate work visa process.

o It's important to note that the B-2 visa is a non-immigrant visa and is not meant for people who intend to work. The intent to work could raise red flags with immigration officials if she tries to change her status from a visitor visa to a work visa.

Key Considerations:

• Intent: If she enters the US on a visitor visa with the intention of changing to a student or work visa, it could be considered misrepresentation if she does not disclose her true intentions at the border.

• Consult an Immigration Attorney: To ensure the process goes smoothly and she doesn't violate her visa terms, it’s advisable to consult an immigration lawyer before making any decisions.

Conclusion:

• For student visa (F-1): She can apply for a change of status from B-2 to F-1 if she is accepted into a SEVP-approved school, but she cannot begin studying until the application is approved.

• For work visa: Changing from a visitor visa to a work visa is more complicated and generally requires a job offer and employer sponsorship.

Make sure she considers the risks of applying for a change of status, especially if there is any intent to work, as this could affect her immigration status.