What is the purpose of using Form I-539?
Form I-539 can be used to change to another visa status or extend your stay in the United States. Individuals seeking to submit Form I-539 must submit before their visa expires.
Who is eligible?
You may be eligible to apply for an extension of your authorized period of stay if:
- You were lawfully admitted into the United States with a nonimmigrant visa;
- Your nonimmigrant visa status remains valid;
- You have not committed any crimes that make you ineligible for a visa;
- You have not violated the conditions of your admission; and
- Your passport is valid and will remain valid for the duration of your stay.
Check the date in the lower right corner of your Form I-94, Arrival-Departure Record, to determine the date your authorized stay expires. We recommend that you apply to extend your stay at least 45 days before your authorized stay expires.
If your nonimmigrant status is based on the fact that you are a family member or dependent of an individual who has already been granted nonimmigrant status, then you must file your request for extension of stay while that individual continues to maintain a valid nonimmigrant status. Family members and dependents are limited to the same period of authorized stay as the principal nonimmigrant.
Eligibility By Nonimmigrant US Visa Categories
Common Nonimmigrant VisasVisa TypePurpose of Travel to the U.S. and Nonimmigrant
Business/Tourist VisaB1 - BusinessAthletes, amateur and professional (competing for prize money only)
Domestic employees or nannies (must be accompanying a foreign national employer)
Domestic Employee VisaB-1 VisasDomestic employees include, but is not limited to, cooks, butlers, chauffeurs, housemaids, valets, footmen, nannies, au pairs, mothers' helpers, gardeners, and paid companions L-1 (intra-company transferees)An employee of an international company which is temporarily transferring you to a parent branch, affiliate, or subsidiary of the same company in the United States O VisaPeople with extraordinary ability in the sciences, arts, education, business and athletics, or extraordinary achievement in motion picture and television production, and their essential support personnel P (artists, entertainers)Certain athletes, entertainers, artists, and essential support personnel who are coming to perform in the United States Q VisaTo participate in an international cultural exchange program for the purpose of providing practical training, employment, and the sharing of the history, culture, and traditions of your home country Crew (D visa)A crew member serving onboard a sea vessel or aircraft in the United States
How to Apply?
- Complete the Form I-539, Application to Extend/Change Nonimmigrant Status. Review the form instructions for directions on completing the Form I-539.
- Submit the Filing Fee(s). Include the appropriate filing fee with the Form I-539 and biometric services fee.
- Submit Evidence. Include all required initial evidence and supporting documentation.
- Sign and File the Form I-539. File the application at the correct filing location according to the form instructions.
What Happens After You Apply?
Once USCIS receives the Form I-539, they will process your application and then you will receive:
- A receipt notice for your I-539, Application to Extend/Change Nonimmigrant Status confirming USCIS received application.
- A notice of a decision.
Forms And Fees
Form I-539, Application to Extend/Change Nonimmigrant Status, $370 filing fee
FileRight application package preparation fee is $105.
Note: For A-1, A-2, G-1, G-2, G-3, G-4 extensions the filing fee is $0.
Biometric Services Fee
A biometrics services fee of $85 is required for you and each person included on a Form I-539A. Individuals in the following nonimmigrant categories must submit an $85 biometric services fee with their application:
- T, victims of severe forms of trafficking (Initial)
- U, victims of certain qualifying criminal activity
- Dependents of CW-1 transitional workers and E-2 CMNI investors
- V, spouses and children of lawful permanent residents
- Individuals residing in the CNMI who are seeking an initial grant of nonimmigrant status.