havick, pursuit of a course of study by aliens admitted to the United States under the VWP, or a B-class visa, is expressly prohibited by statute. The relevant regulation and supplemental guidance is given in this (
pdf link) memorandum dated 12 Apr 2002 for regional directors et al from the Executive Associate Commissioner of the Immigration and Naturalization Service on the subject "prohibition of B-1 or B-2 nonimmigrants enrolling in a course of study prior to a change of nonimmigrant status."
8 CFR 214.2(b)(7) Enrollment in a course of study prohibited. An alien who is admitted as, or changes status to, a B-1 or B-2 nonimmigrant on or after April 12, 2002, or who files a request to extend the period of authorized stay in B-1 or B-2 nonimmigrant status on or after such date, violates the conditions of his or her B-1 or B-2 status if the alien enrolls in a course of study. Such an alien who desires to enroll in a course of study must either obtain an F-1 or M-1 nonimmigrant visa from a consular officer abroad and seek readmission to the United States, or apply for and obtain a change of status under section 248 of the Act and 8 CFR part 248. The alien may not enroll in the course of study until the Service has admitted the alien as an F-1 or M-1 nonimmigrant or has approved the alien's application under part 248 of this chapter and changed the alien's status to that of an F-1 or M-1 nonimmigrant.