Why You Might Need to Extend Your Stay or Change Your Status
If you’re visiting the U.S. on a B-1 (business) or B-2 (tourism or medical) visa, unexpected opportunities or circumstances might prompt you to extend your stay or change your immigration status. This could include:
- An extended business project
- A medical treatment that’s taking longer than planned
- The chance to enroll in a U.S. educational program
- Temporary employment opportunities
Individuals on a tourist visa (B-2) may need to extend their stay for similar reasons.
In these cases, you may be eligible to extend your stay or change your visa status by filing Form I-539, Application to Extend/Change Nonimmigrant Status with U.S. Citizenship and Immigration Services (USCIS).
When to Submit Your Request
Timing is crucial when applying to extend your stay or change your status. Here’s what you need to know:
- File at least 45 days before your authorized stay expires. Check your Form I-94 (which you can download from the U.S. Customs and Border Protection website) for your expiration date. An approved extension results in a new departure date being issued on the I-94 Arrival/Departure Record.
- If you can’t file 45 days in advance due to unforeseen circumstances, submit your application as soon as possible.
- Late filings: If your visa has already expired, you’ll need to demonstrate “extraordinary circumstances” that prevented timely filing. Examples include:
- Medical emergencies
- Loss or theft of travel documents
- Filing errors returned by USCIS
Important: If you stay in the U.S. for more than 180 days after your visa expires, you could face long-term bans from reentering the country. Learn more about this in the Consequences of Unlawful Presence in the U.S..
How to Apply for an Extension or Change of Status
1. Gather Required Documents:
USCIS will require similar evidence to what you provided when you first applied for your B-1 or B-2 visa.
- Proof of Financial Support:
- Recent bank statements
- Pay stubs
- An I-134 Affidavit of Support from a U.S. sponsor (if applicable)
- Reasons for Your Request:
- Medical records or a letter from your doctor (for medical reasons)
- Letters from U.S. relatives or business partners
- Police reports in case of emergencies
- Proof of Intent to Return Home:
- Documents showing ties to your home country (property deeds, rental agreements, etc.)
- A letter from your employer confirming your job awaits you upon return
2. Complete Form I-539:
- Download the form from the USCIS website.
- Carefully follow the instructions to avoid delays.
3. Pay the Filing Fee:
- The fee varies depending on your situation. Check the USCIS Fee Schedule for the most up-to-date information.
4. Submit Your Application:
- File online via USCIS Online Account or mail it to the appropriate address listed on the form instructions.
Changing to a Different Visa Status
If you’re planning to change to a different nonimmigrant status (like F-1 for students or H-1B for temporary workers), you must:
- Meet all eligibility requirements for the new visa type.
- Submit additional forms and documentation based on the visa type. For example:
- F-1/M-1 Student Visa: Provide your I-20 form from an accredited U.S. school.
- Work Visas: Your employer may need to file a Form I-129 and obtain labor certification.
It is crucial to understand the specific nonimmigrant classification you are applying for to file the correct forms and meet eligibility criteria.
For more detailed information on specific visa types, visit the USCIS Forms and Instructions page.
Note: If you’re applying for asylum or Temporary Protected Status (TPS) due to unsafe conditions in your home country, you don’t need to file Form I-539.
Important Restrictions While Your Application Is Pending
- Do not enroll in classes or accept employment until USCIS approves your change of status.
- If USCIS finds that you violated your current B visa terms (by working or studying without approval), your application will be denied.
What Happens If Your Visa Expires During Processing?
- No immediate removal: USCIS cannot initiate removal proceedings while your application is under review.
- No unlawful presence: You won’t accumulate unlawful presence during the pending period.
- If denied: You must leave the U.S. immediately, even if your I-94 hasn’t expired.
Special Note for Visa Waiver Program (VWP) Travelers
If you entered the U.S. under the Visa Waiver Program (VWP), you cannot extend your stay except in emergencies.
- Contact the USCIS Contact Center for help requesting a short satisfactory departure (usually up to 30 days).
- Alternatively, try booking an in-person appointment via the My Appointment Portal.
What is Form I-539?
Form I-539, officially known as the Application to Extend/Change Nonimmigrant Status, is a critical document used by individuals in the United States on a temporary basis (nonimmigrants) who wish to either extend their stay or switch to a different nonimmigrant category. This form is commonly used by students, visitors, and temporary workers.
It is important to note that not all nonimmigrant visa categories are eligible for an extension, and applicants should be cautious about the consequences of filing incorrect forms for their specific nonimmigrant categories.
Examples of Use:
- A tourist (B-2 visa holder) wanting to stay longer in the U.S. may apply for an extension.
- A visitor wishing to transition to a student status (F-1 visa) would use this form to request the change.
For more guidance on your immigration process, you can explore resources like Boundless.
Understanding Form I-539 Processing Time
The processing time for Form I-539 varies depending on multiple factors:
- Type of Request: Whether you’re applying for an extension or a change of status.
- Nonimmigrant Status: Your current visa category.
- Service Center: The specific U.S. Citizenship and Immigration Services (USCIS) center handling your application.
Factors Influencing Processing Times:
- Volume of Applications: Higher volumes can delay processing.
- Complexity of the Case: More complex cases require additional scrutiny.
- Request for Additional Evidence (RFE): If USCIS requests more documentation, processing can be delayed.
- Backlogs at Service Centers: Some centers are faster than others; check specific center data.
How to Check Processing Times:
- Visit the USCIS Processing Times Tool.
- Enter your form type (Form I-539) and category (extension or status change).
- Select the service center processing your form.
Tip: Processing can take anywhere from a few weeks to several months. Check regularly for updates.
Average Processing Times (2024 Data):
| Visa Type | Extension Processing Time | Change of Status Processing Time |
| B-2 (Visitor) | 3-6 months | 6-9 months |
| F-1 (Student) | 2-4 months | 5-7 months |
| H-4 (Dependent) | 4-7 months | 7-10 months |
Historical Trends in Processing Times (2019-2024):
| Year | Average Processing Time |
| 2019 | 4 months |
| 2020 | 6 months |
| 2021 | 7 months |
| 2022 | 5 months |
| 2023 | 4.5 months |
| 2024 | 5 months |
Form I-539 Costs and Fees
Filing Fee: $470
Biometrics Fee: $85 (if required)
You can pay via check, money order, or credit card using Form G-1450. Always verify the most recent fee information on the USCIS Fee Schedule.
Additional Costs to Consider:
- Legal Fees: If you hire an immigration attorney, expect additional costs ranging from $500 to $2000.
- Document Translation Fees: If your documents are not in English, certified translation may cost $20-$50 per page.
- Mailing Costs: Using certified or expedited mail services can add $10-$50.
Who is Eligible to File Form I-539?
You may be eligible to file Form I-539 if you meet the following criteria:
- You are in the U.S. on a valid nonimmigrant visa.
- Your current status has not expired before you file the form.
- You have not violated U.S. immigration laws or committed crimes that would make you ineligible.
Nonimmigrant workers (e.g., H-1B holders) who lost their jobs but are seeking new employment may also apply.
Common Scenarios for Filing Form I-539:
- Tourists Extending Their Stay: Visitors on B-2 visas who want to extend their vacation or visit family longer.
- Students Transitioning from Tourist to Student Visa: B-2 holders changing to F-1 student status after being accepted into a U.S. school.
- Dependents of Nonimmigrant Workers: H-4 dependents of H-1B workers applying to extend their stay.
- Temporary Workers Seeking Status Change: Workers on L-1 visas applying to change to H-1B status.
Important: Eligibility may vary based on your visa category and individual circumstances. For nonimmigrant visas, it is crucial to follow the specific procedures and eligibility requirements for extending or changing status, including using the correct forms like Form I-539 and filing before the authorized stay expires.
Required Supporting Documents for Form I-539
The documents you need to submit with Form I-539 depend on your specific situation. Generally, you’ll need:
- Completed and Signed Form I-539.
- Filing Fees (and biometrics fee, if applicable).
- Copy of Passport Biographic Page and Visa or Admission Stamp.
- Evidence of Current Nonimmigrant Status (e.g., Form I-94, Arrival/Departure Record).
- Supporting Documents:
- For students: Proof of continued enrollment (transcripts, enrollment verification letters).
- For workers: Job offer letter, employment verification, or termination notice if seeking a new position.
- Proof of Financial Support (bank statements, affidavits).
- Evidence of Ties to Home Country (property deeds, family connections).
- Cover Letter: A detailed explanation of why you are requesting an extension or status change.
For detailed checklists tailored to specific nonimmigrant categories, visit the USCIS Evidence Checklist.
Common Mistakes to Avoid:
- Submitting incomplete forms.
- Omitting required supporting documents.
- Failing to pay the correct fees.
- Providing insufficient explanations for status change requests.
Who Should NOT Use Form I-539?
Certain employment-based visa categories require a different form, specifically Form I-129, Petition for a Nonimmigrant Worker. You should NOT use Form I-539 if you are applying for or extending status under the following classifications:
- E-1: Principal treaty traders and their employees.
- E-2: Principal treaty investors and their employees, including E-2 CNMI investors.
- E-3: Specialty occupation workers from Australia.
- H-1B, H-1B1, H-2A, H-2B, H-3: Temporary workers.
- L-1: Intra-company transferees.
- O-1, O-2: Individuals with extraordinary abilities and their assistants.
- P-1, P-2, P-3, P-1S, P-2S, P-3S: Athletes, artists, and entertainers.
- Q-1: Participants in cultural exchange programs.
- R-1: Religious workers.
- TN-1, TN-2: Canadian and Mexican professionals under NAFTA.
Important: Filing the incorrect form may lead to rejection or denial without a refund of your application fee.
Who Can Apply for an Extension?
You are eligible to apply if:
- You were lawfully admitted into the U.S. with a nonimmigrant visa.
- Your current visa status remains valid.
- You haven’t committed any crimes that would make you ineligible for a visa.
- You haven’t violated the terms of your admission.
- Your passport is valid for the entire duration of your extended stay.
Pro Tip: Apply at least 45 days before your authorized stay expires to avoid processing delays.
Who Cannot Apply?
You cannot apply for an extension if you fall into one of these categories:
- Entered under the Visa Waiver Program (VWP).
- Entered as a crew member (D visa).
- In transit through the U.S. (C visa).
- In transit without a visa (TWOV).
- Fiancé(e) of a U.S. citizen or their dependents (K visa).
- Informants on terrorism or organized crime, and their families (S visa).
Step-by-Step: How to Apply Online
- Check Eligibility: Review the criteria listed above.
- Gather Documents: You’ll need your passport, visa, and Form I-94.
- Complete the Appropriate Form: Visit the USCIS website to access and fill out Form I-129 or Form I-539.
- Pay the Fee: Each form has an associated fee. Use the USCIS Fee Calculator to determine the correct amount.
- Submit Your Application: File online through the USCIS online portal.
- Track Your Case: After submission, you’ll receive a receipt number to track your application status here.
Consequences of Overstaying
Overstaying your authorized period can have serious consequences:
- 3-Year Ban: If you overstay by more than 180 days but less than a year.
- 10-Year Ban: If you overstay for more than a year.
- Immediate Deportation: Risk of being removed from the U.S.
Always apply before your authorized stay expires to avoid these penalties.
How to File Form I-539
You can file Form I-539 either online or via mail. Ensure that you download the correct edition of the form and accompanying documents from the USCIS Forms and Document Downloads page.
Forms You’ll Need:
- Form I-539 (Main Application)
- Form I-539A (Supplemental for additional applicants)
- Form M-752 (Helpful Filing Tips)
Edition Date: 08/28/24. Ensure this date is visible on all pages when mailing your form.
Where to File
For mailing addresses, consult the USCIS Direct Filing Addresses for Form I-539.
When Should You File?
It’s recommended to file at least 45 days before your current authorized stay expires, or as soon as you realize the need to extend or change your status.
You may apply if:
- You were lawfully admitted into the U.S.
- You haven’t violated the terms of your status.
- There are no factors requiring you to leave before reapplying.
- You submit your application before the expiration date on your Form I-94.
Exceptions for Late Filing
Late submissions may be excused if:
- The delay was due to extraordinary circumstances beyond your control.
- The delay is reasonable.
- You haven’t violated your status.
- You’re still a bona fide nonimmigrant.
- You’re not in removal proceedings.
Filing Fees and Payment Options
Check the USCIS Fee Schedule for the latest fee information. You can pay by:
- Money order, personal check, or cashier’s check (payable to the U.S. Department of Homeland Security).
- Credit/debit card using Form G-1450.
Note: Filing fees are non-refundable. Avoid combining payments for multiple forms.
Checklist: Required Initial Evidence
Before filing, gather the following:
- Copy of your Form I-94.
- Proof of current nonimmigrant status.
- Financial evidence showing your ability to support yourself.
- Passport valid for your entire requested stay.
Form Completion Tips
For Form I-539:
- Part 1: Include your family name, mailing address, date of birth, and current nonimmigrant status.
- Part 2: Indicate the application type and the status you’re requesting.
- Ensure all fields are completed. Unsigned forms will be rejected.
For Form I-539A (if applicable):
- Part 1: Information about each co-applicant.
For more tips, visit the USCIS Tips for Filing Forms by Mail page.
Special Instructions by Visa Type
- CNMI Residents: Use your CNMI P.O. Box and file at the California Service Center.
- B-1/B-2 Nonimmigrants: Review special instructions if enrolling in school.
- K-3/K-4 Nonimmigrants: You may file Form I-765 for work authorization along with Form I-539.
- V Nonimmigrants: Similar to K-3/K-4, you can file Form I-765 and may travel internationally if you have a valid V visa.
Staying Compliant
If your status expires before filing, or if you violate the terms of your current status (e.g., unauthorized work), you’ll be considered out of status. This can severely impact your ability to:
- Adjust status in the future.
- Re-enter the U.S. after departure.
What is a Change of Status?
A Change of Status (COS) allows nonimmigrants in the U.S. to switch from one visa category to another without leaving the country. Whether you’re a tourist wanting to study or a student seeking work authorization, understanding this process is crucial.
Who Can Apply for a Change of Status?
You may qualify to change your nonimmigrant status if:
- You were lawfully admitted to the U.S. in a valid nonimmigrant category.
- Your current status remains valid (i.e., it hasn’t expired).
- You haven’t violated any conditions of your current visa.
- You haven’t committed any crimes that would make you ineligible.
Important: You must file your application before your authorized stay expires. Do not assume approval and continue current activities until you receive confirmation from U.S. Citizenship and Immigration Services (USCIS).
How to Apply for a Change of Status
- Determine Your Eligibility: Make sure you meet all requirements for the new visa type.
- Complete the Appropriate Form: Typically, you’ll use Form I-539 for most nonimmigrant status changes.
- Gather Required Documents: This may include your I-94 form, proof of financial support, a statement of purpose, and more.
- Pay the Filing Fee: Fees vary depending on your status. Check the USCIS fee schedule.
- Submit the Application: File online or by mail before your current status expires.
Tip: Apply as soon as you know you need to change status to avoid complications.
What Happens After You Apply?
- Processing Time: It can take several months for USCIS to process your application. Track your case status here.
- Stay in the U.S.: You can remain in the U.S. while your application is pending, but do not change your activities until approval.
- Decision Notification: USCIS will notify you by mail or through your online account.
If your application is denied, you must leave the U.S. before your current status expires.
Changing to a Nonimmigrant Student Status
From B-1/B-2 Visitor to F-1 Student
Tourists on B-1/B-2 visas often wish to switch to F-1 student status to pursue academic studies. Here’s how:
- Enroll in a SEVP-Approved School: You must be accepted by a certified school under the Student and Exchange Visitor Program (SEVP).
- Get Form I-20: Your school will provide this once you’re admitted.
- File Form I-539: Include your I-20, proof of financial support, and explanation for the change.
Explore SEVP-certified schools.
From B-1/B-2 to M-1 Vocational Student
If you want to enroll in a vocational program, follow the same steps but ensure you apply for M-1 status. Keep in mind:
- M-1 Students cannot work during their studies.
- Extensions are possible but limited.
Changing to H-1B Work Visa Status
If you’re a student or professional transitioning to an H-1B work visa:
- Employer Sponsorship Required: Your employer must file Form I-129 on your behalf.
- Cap Gap Extension: If your F-1 status is expiring, you might qualify for the Cap Gap extension, allowing you to stay in the U.S. while your H-1B is processed.
Learn more about Cap Gap benefits.
Special Considerations for M-1 Students
- No Transfer to F-1: M-1 students cannot switch to F-1 status within the U.S.
- Limited Work Options: Employment is restricted to specific types of training post-completion.
Alternatives to Changing Status
If a Change of Status isn’t possible:
- Consular Processing: You may return to your home country and apply for a new visa at a U.S. consulate.
- Adjustment of Status: For those eligible for permanent residency, this is another option.
FAQs on Filing Form I-539 to Extend or Change B-1/B-2 Status
General Questions
Extending B-1/B-2 Status
Changing from B-1/B-2 to Another Status
Issues with Filing and Processing
Less Common but Important Issues
Form I-539 is a critical tool for nonimmigrants looking to extend their stay or change their status in the U.S. Ensuring timely submission, accurate documentation, and adherence to eligibility requirements can significantly improve your chances of approval. Always consult the latest USCIS resources and consider professional assistance if needed.
Helpful Links & Resources
- Form I-539 Online Application
- Retrieve Your I-94 Record
- USCIS Fee Schedule
- Find an Immigration Attorney
- USCIS Processing Times
- USCIS Case Status Tool
- USCIS Official Website
- Processing Times Tool
- USCIS Fee Calculator
- Form I-539 Instructions
- I-94 Fact Sheet (PDF)
- Filing Addresses for Form I-539
- Changing to F or M Student Status
- USCIS Policy Manual Volume 2, Part A: Nonimmigrant Policies and Procedures
- Form I-129: Petition for a Nonimmigrant Worker
- Form I-539: Application To Extend/Change Nonimmigrant Status
- Immigration and Nationality Act (INA)
- U.S. Customs and Border Protection
Additional Resources
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