Can I attend school/classes while on H-1B1 status?

I am a Singaporean U.S. immigration attorney based in Los Angeles specializing in H-1B1 visas for Singaporeans.  My California State Bar record can be found here.  Feel free to connect with me on Linkedin. 

I have been asked a few times by H-1B1 visa holders on whether they can attend school/classes while working in the U.S. on H-1B1 status.  

The answer to this question is: Yes, provided that attending school/classes is merely incidental to your primary purpose of being in the U.S. (i.e. working for your H-1B1 employer).

This means that: 

(1) You must still abide by the rules of your current status.  In other words, you must still continue to work for your H-1B1 employer consistent with the terms under your H-1B1 visa application or petition.  A simple way of remembering this rule can be expressed as follows: your H-1B1 employment should not be "compromised" in any way by your studies.

(2) You cannot extend your stay in the U.S. for the purpose of completing your course of studies.  If you wish to extend your stay in the U.S., it should be for the purpose of continuing your H-1B1 employment with your employer. 

A quintessential example is where an individual in the U.S. on H-1B1 status decides to take night and/or weekend classes without affecting his/her normal working schedule and employment terms with respect to the H-1B1 employer.  This is permitted because the classes are incidental to his/her primary purpose of working for the H-1B1 employer.

For completeness, the U.S. Immigration and Customs Enforcement's Student and Exchange Visitor Program (SEVP) has a useful chart here on who may or may not study in the U.S. that covers the various nonimmigrant visa classifications.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice.