Form I-539, Application to Extend/Change Nonimmigrant Status, is the mechanism used by certain nonimmigrants in the United States to request more time in their current status or to change into another temporary category without leaving the country. The form is adjudicated by US Citizenship and Immigration Services (USCIS) and covers a range of classifications, including visitors, students, and certain dependants.
What this article is about: This guide explains who may use Form I-539, how to prepare and file it, what evidence to include, and what to expect after submission. It addresses biometrics, receipt notices, processing times, travel while an application is pending, late filings, and the consequences of overstaying. It also clarifies that Form I-539 does not itself grant employment authorisation and that applicants must maintain status up to filing.
USCIS scrutinises each application. Late or incomplete filings, weak evidence of financial means, or inconsistencies between the form and records can lead to Requests for Evidence (RFEs) or refusals. Filing before the I-94 expires can place the applicant in a period of authorised stay during adjudication, but approval is not guaranteed. If denied, the individual must depart promptly to avoid accruing unlawful presence and potential three- or ten-year re-entry bars.
Section A: Understanding Form I-539
Form I-539 is designed for specific categories of nonimmigrants in the United States who wish either to extend their current visa status or change into another nonimmigrant category without leaving the country. Knowing who can and cannot use the form is essential for compliance.
1. What is Form I-539?
Form I-539, Application to Extend/Change Nonimmigrant Status, allows nonimmigrants to ask USCIS to remain in the United States beyond the date shown on their I-94 arrival/departure record or to change into another temporary visa category.
The form is used to:
- Extend stay: For example, a B-2 visitor who needs more time in the US.
- Change status: For example, an F-1 student switching to H-4 dependant status inside the US.
Form I-539 does not confer permanent residence and does not authorise employment unless the underlying status separately permits it, such as F-1 students with approved OPT.
2. Who Can File Form I-539?
Eligibility depends on visa type. Common categories include:
- B-1/B-2 visitors seeking more time.
- F-1 or M-1 students requesting a change to another valid nonimmigrant status.
- Dependants (spouses and children) of certain work and study visa holders such as H, L, O, R, and F/M, extending or changing in line with the principal.
Dependants can be included on a single I-539, but each must complete an I-539A supplement. All dependants included must be in the same category.
3. Who Cannot Use Form I-539?
Some categories are excluded from using Form I-539, including:
- Principal work visa holders (e.g. H-1B, L-1, O-1) — their employer must file Form I-129 instead.
- Visa Waiver Program entrants (ESTA visitors).
- J-1 exchange visitors subject to the two-year home residency rule.
- Holders of C, D, K, or S visas.
Filing I-539 when ineligible will result in denial and may cause loss of lawful status. Applicants must always confirm eligibility before applying.
Section A Summary: Form I-539 provides a pathway for visitors, students, and dependants to extend or change lawful status in the US, but strict eligibility rules apply. Principal work visa holders, Visa Waiver entrants, and certain other categories cannot use the form. Correct use is critical to maintaining lawful presence.
Section B: Filing the Application
Filing Form I-539 properly and on time is critical to maintaining lawful status in the United States. The process involves accurate completion of the form, provision of supporting evidence, payment of fees, and compliance with USCIS deadlines and biometric requirements.
1. How to Apply for a Visa Extension
Form I-539 can be filed online through the USCIS website or on paper by mailing it to the correct USCIS lockbox facility. Online filing provides receipt confirmation and allows applicants to track their case digitally.
Key steps include:
- File before I-94 expiry: USCIS recommends filing at least 45 days before the expiry shown on Form I-94. Late filings may be accepted only if “extraordinary circumstances” beyond the applicant’s control can be proven with evidence, in line with 8 CFR §214.1(c)(4).
- Complete the form accurately: Provide all requested personal details, current visa information, and a clear explanation of the reason for the extension or change of status.
- Pay the correct fee: The filing fee must be paid at submission. In many cases, a biometrics fee is also required, particularly for B, F, M and dependant applicants.
- Attend biometrics: If scheduled, attendance at a biometrics appointment at a USCIS Application Support Center is mandatory.
- Submission method: USCIS encourages online filing, but paper filing is still available. The address depends on visa type and purpose of application.
2. Documents Needed for I-539
The documents required vary by visa type but generally include:
- Current I-94 arrival/departure record, available from CBP online.
- Copy of passport biographic page and visa stamp showing lawful entry.
- Evidence of financial support, such as bank statements, sponsor letters, or proof of principal visa holder’s employment.
- Letter explaining the request: A detailed written statement justifying the extension or change of status and the length of time requested.
- Proof of status compliance: For example, student transcripts or dependant evidence linked to the principal’s approval notice.
All documentation must be consistent and legible. Inaccuracies or omissions frequently result in Requests for Evidence (RFEs) or denial.
Section B Summary: A timely and accurate I-539 filing depends on early preparation, correct payment of fees, and submission of full supporting evidence. Filing before I-94 expiry and providing strong justification and financial proof are critical to strengthening the application.
Section C: Processing & Decisions
After filing Form I-539, the case enters USCIS review. Processing can take several months, and applicants should be aware of timelines, possible requests for evidence, and the consequences of a refusal.
1. I-539 Processing Time
Processing times vary depending on visa category, purpose of application, and the service centre handling the case. On average, decisions range from 3 to 12 months, though some cases may take longer. Applicants can monitor estimates using the USCIS Processing Times tool. Each case is assessed individually, and dependants or change of status applications often extend the timeline.
2. After You File
Once submitted, USCIS issues a receipt notice (Form I-797C), confirming the application has been accepted and providing a case number for online tracking. If biometrics are required, a separate notice will be sent. Attendance at biometrics appointments is mandatory.
Applicants who filed before their I-94 expired are considered in a period of authorised stay while the case is pending. However, this does not guarantee approval. If the application is denied, the individual must depart immediately.
Travel outside the US while an I-539 is pending will generally result in USCIS treating the application as abandoned. Applicants must remain in the United States until a decision is made. If USCIS requires more information, it will issue a Request for Evidence (RFE), which must be answered fully and on time.
3. Outcomes: Approval, Denial, and Overstay Consequences
If approved, USCIS issues an updated I-94 showing the extended or changed status. Applicants should review this carefully to confirm accuracy.
If denied, the applicant must leave the United States immediately or risk falling into unlawful status. Consequences of overstaying include:
- Loss of lawful presence protections
- Three-year re-entry bar if overstaying more than 180 days
- Ten-year re-entry bar if overstaying more than one year
- Future visa refusals or difficulties obtaining immigration benefits
Section C Summary: Filing I-539 before I-94 expiry preserves authorised stay, but approval is not automatic. Applicants must not travel abroad while the case is pending, must respond to RFEs, and must depart promptly if denied to avoid serious overstay penalties.
Section D: Key Considerations for Applicants
Even where eligibility is clear, Form I-539 applications are frequently refused because applicants overlook critical details. Understanding common denial grounds and adopting best practices can significantly improve the likelihood of success.
1. Common Reasons for Denial
Refusals often result from issues such as:
- Late filing: Applications submitted after I-94 expiry are usually denied unless the applicant proves “extraordinary circumstances” under 8 CFR §214.1(c)(4).
- Weak financial evidence: USCIS requires proof that applicants can support themselves and any dependants without unauthorised work or public funds.
- Incomplete or inconsistent records: Discrepancies between the form, prior filings, and supporting documents often trigger RFEs or refusals.
- Poorly justified requests: USCIS expects a clear and logical explanation for the extension or change of status. Vague or generic letters undermine credibility.
2. Tips for a Successful Application
Applicants can strengthen their application by:
- Filing early: Submit at least 45 days before I-94 expiry.
- Providing strong evidence: Include robust financial records, proof of lawful activity, and a detailed justification letter.
- Maintaining lawful status: F-1 and M-1 students must continue studies; dependants must ensure the principal visa holder remains compliant.
- Avoiding travel abroad: Leaving the US during adjudication usually voids the application.
- Seeking professional advice: Complex changes of status, such as visitor to student, benefit from legal review.
Section D Summary: Many I-539 denials stem from avoidable mistakes. Filing before expiry, submitting strong evidence, and maintaining lawful status are essential. Applicants should avoid international travel while a case is pending and consider legal advice for complex filings.
FAQs
Can I stay in the US while Form I-539 is pending?
Yes. If you file before your I-94 expires, you generally remain in a period of authorised stay while USCIS processes your case. This protects you from accruing unlawful presence. However, if the application is denied, you must leave immediately.
Can I travel abroad after filing Form I-539?
No. If you leave the United States while the application is pending, USCIS will usually treat the application as abandoned and deny it. If travel is unavoidable, you may need to reapply for a new visa at a US consulate abroad.
How long can I extend a B-2 visitor visa with I-539?
USCIS typically grants B-2 extensions for up to six months at a time. Further extensions are rare and require strong evidence of need and continuing financial support. Applicants should not expect indefinite extensions.
Do dependants need to file separate I-539s?
No. One I-539 can cover multiple dependants, but each must be listed on a Supplement I-539A. All dependants must be in the same nonimmigrant status category to be included.
What happens if I overstay while waiting for my I-539 decision?
If the application was filed on time, you are protected by a period of authorised stay. If filed late without justification, or if denied, you risk falling into unlawful presence. Overstays of more than 180 days trigger a three-year bar, and overstays of more than one year trigger a ten-year bar under INA §212(a)(9)(B).
Conclusion
Form I-539 is the primary route for eligible nonimmigrants to extend their stay or change to another temporary status from within the United States. Success depends on timely filing before I-94 expiry, consistent supporting evidence, and adherence to USCIS procedures, including biometrics where required. While a properly filed application places the individual in a period of authorised stay during adjudication, approval is never guaranteed. Applicants should avoid travel that would abandon the application, respond promptly to any RFEs, and depart immediately if refused to prevent unlawful presence and re-entry bars. Careful preparation and, where appropriate, legal advice significantly improve outcomes.
Glossary
| Term | Definition |
|---|---|
| Form I-539 | Application to Extend/Change Nonimmigrant Status, used by certain visa holders to request more time in the US or a change into another nonimmigrant category. |
| I-94 | Arrival/Departure Record issued by CBP showing date of admission, visa status, and authorised stay period. |
| USCIS | US Citizenship and Immigration Services, the federal agency responsible for processing Form I-539 and other immigration applications. |
| RFE | Request for Evidence, issued by USCIS when further documentation or clarification is needed before a decision can be made. |
| Form I-797C | Notice of Action issued by USCIS to confirm receipt, schedule biometrics, or provide updates on a pending case. |
| Lawful Status | Immigration status granted under US law allowing a person to remain legally in the country under the terms of their visa. |
Useful Links
| Resource | Link |
|---|---|
| USCIS – Form I-539, Application to Extend/Change Nonimmigrant Status | https://www.uscis.gov/i-539 |
| USCIS – Check Case Processing Times | https://egov.uscis.gov/processing-times/ |
| USCIS – Check Case Status Online | https://egov.uscis.gov/casestatus/ |
| CBP – I-94 Arrival/Departure Record | https://i94.cbp.dhs.gov |
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.