US visitor visas are designed for overseas nationals to visit the United States for a period of up to 6 months.
If you find you need to stay in the US for longer than 6 months, you will need to understand the rules on visitor visa extensions to avoid being out of lawful status. Not all visitors can extend their stay beyond 6 months, and you may need to consider alternative immigration options. Remaining in the US beyond your authorized period of stay is illegal and can impact your ability to return to the US in the future.
In this guide we look at options for US visitor visa holders to prolong their time and lawful status in the US; we explain the rules on extending a US visitor visa, or if this is not possible, how to apply to change status to another nonimmigrant category from a visitor visa. We also look at the process to apply for a US visitor visa extension or how to change nonimmigrant status where the relevant requirements are met.
Section A: Visa validity and entry rules
A visitor visa is a nonimmigrant (temporary) visa to travel to the United States for the purposes of unpaid business activities (B-1 visa) or for the purposes of tourism (B-2 visa), or a combination of both, for a period of up to 6 months.
On the initial grant of a US visitor visa from an overseas Embassy or Consulate, this will allow the successful visa-holder to board a carrier to travel to the United States. On arrival at a US port of entry, typically an airport, the visitor can then request permission to enter.
A visa does not guarantee entry into the United States, where US Customs and Border Protection (CBP) officials have the authority to permit or deny admission. However, if the visa-holder is permitted to enter the country, a CBP official will provide that individual with an admission stamp or a Form I-94 (Arrival/Departure Record), typically stamped with the amount of time required for the express purpose(s) of the visit.
In some cases, it may be possible to request to extend your period of stay as a visitor beyond the date indicated on the stamp or Form I-94 for up to an additional 6 months, provided the total stay does not exceed 1 year. In order to do this, you must make an application before your period of stay expires.
1. Consequences of overstaying without extension
If a visitor remains in the United States beyond the date authorized on their Form I-94 without securing an approved extension, they begin to accrue unlawful presence. Even a short period of overstay can have serious consequences. Under US immigration law, an individual who accrues more than 180 days but less than one year of unlawful presence and then departs the country will usually face a three-year bar on reentry. If the period of unlawful presence is one year or more, the bar rises to ten years. In addition, under section 222(g) of the Immigration and Nationality Act, overstaying voids any valid visa in the passport, meaning the individual will not be able to use it for future entries and must apply for a new visa at a US Embassy in their country of nationality. These penalties can complicate or even prevent future travel to the United States.
| Length of overstay | Immigration consequence |
|---|---|
| 1–179 days | Unlawful presence begins to accrue. No automatic reentry bar, but visa is automatically void under INA 222(g) and future visa applications will be scrutinized heavily. |
| 180–364 days | Triggers a 3-year bar from reentering the United States after departure. Any existing visa in the passport is void and a new visa must be applied for overseas. |
| 365 days or more | Triggers a 10-year bar from reentering the United States after departure. Visa voidance under INA 222(g) applies. Strong negative impact on future immigration prospects. |
| Any overstay + removal order | Leads to formal deportation record, which carries additional long-term bans and severely restricts future visa options. |
2. Can you extend a visit if you traveled under ESTA?
The B visitor visa is required by overseas visitors who are not eligible to visit the United States by obtaining an Electronic System for Travel Authorization (ESTA) under the Visa Waiver Program (VWP). An ESTA will allow eligible visitors to travel to the US visa-free for a period of up to 90 days for the purposes of either business or pleasure. The visitor visa is therefore also for those individuals who are looking to stay for longer than 3 months.
Importantly, anyone who entered the United States using an ESTA obtained under the VWP will not be eligible to apply to extend their stay beyond the maximum period of 90 days. You would need to leave the US before your ESTA permission expires and make an application under a relevant category for permission to remain in the US for longer. Very narrow exceptions apply, such as certain applications by immediate relatives of US citizens or asylum applications.
3. Status changes
It is important to distinguish between an extension of stay and a change of status. An extension of stay allows the visitor to remain in the United States longer in B-1 or B-2 status for the same purpose as originally admitted. A change of status, however, involves moving from visitor status into a different nonimmigrant category altogether, such as student or temporary worker. An extension is limited in duration and does not open the door to new activities that are prohibited for visitors. By contrast, a change of status, if approved, authorizes the individual to carry out the activities permitted under the new category, such as pursuing a degree program or taking up authorized employment. Each process requires its own filing, supporting evidence, and eligibility criteria.
Section B: Extending visitor status in the US
A US visitor visa-holder will either be required to leave the US on expiry of their permission to be in the country or to apply for an extension of stay before this runs out.
It is possible to apply for a US visitor visa extension while still in the United States, but this must be done prior to expiry of the visa-holder’s authorized period of stay and only where all of the relevant requirements for a visa extension can be met, including where:
- the applicant was lawfully admitted into the United States with a nonimmigrant visa
- their nonimmigrant visa status remains valid
- they have not committed any crimes that make them ineligible for a visa
- they have not violated the conditions of their admission, and
- their passport is valid and will remain so for the entire duration of the requested extension of stay in the United States.
The visitor should check the date on the admission stamp or the lower right hand corner of their Form I-94 to establish the date that their authorized stay expires. The admission stamp shows the length of time a person can legally remain in the United States, while the visa itself will only show when and how many times a person may seek admission to the United States from abroad based on the classification of that visa. It is recommended by USCIS that an application to extend B nonimmigrant status is submitted at least 45 days before an individual’s authorized stay in the US expires. This should allow for ample processing time and help to minimize any risk of unlawful presence in the United States
If an extension of stay is not sought, or approved, any failure to depart the United States on time will result in being out of lawful nonimmigrant status. If a visitor remains in the US longer than authorized, they may be deported. Under US law, visas of individuals who overstay their period of authorized stay under INA 222(g) are automatically voided, which means that any multiple-entry visa that was voided will not be valid for future entries. Additionally, a failure to depart the US on time may result in the visa-holder being ineligible for a visa in the future, including but not limited to a visitor visa, where they may be effectively barred from returning to the US.
Section C: How to apply for a visitor visa extension
To apply for a US visitor visa extension, the visa-holder must submit their application to US Citizenship and Immigration Services (USCIS) using Form I-539 (Application to Extend/Change Nonimmigrant Status) before their authorized stay expires.
When filing for an extension with USCIS, in addition to Form I-539, the applicant must also submit a written statement or cover letter in support, explaining in detail the following:
- the reason(s) for their extension request
- the reasons why their extended stay would be temporary, including what arrangements they have made to depart from the United States, and
- any effect the extended stay may have on foreign employment or residency.
An extension of stay is not automatic. As a visitor visa is a nonimmigrant visa, designed only for temporary stays in the US, the visa-holder must be able to show USCIS that they have a genuine reason permissible under the visitor rules to want to stay longer in the United States. They must also be able to show that they intend to depart the US at the end of their stay and have binding ties overseas to ensure their return home.
| Requirement | Summary |
|---|---|
| Lawful admission | The applicant must have been lawfully admitted to the United States in B-1 or B-2 status, as shown on Form I-94 and the admission stamp. |
| Valid status | Status must still be valid on the date USCIS receives Form I-539. Late filings are only accepted with strong evidence of extraordinary circumstances. |
| No violations | The visitor must not have worked, studied beyond what is permitted, or otherwise breached the conditions of their admission. |
| No criminal ineligibility | Applicants must not have committed offences that would make them inadmissible or ineligible for further immigration benefits. |
| Valid passport | The passport must remain valid for the entire period of the requested extension of stay. |
| Temporary purpose | The extended stay must be consistent with the visitor category, such as tourism, medical treatment, or unpaid business activities. |
| Financial means | The applicant must be able to show they can support themselves financially during the extended stay without employment in the United States. |
| Ties abroad | Strong ties, such as employment, property, or family outside the United States, must be shown to demonstrate intent to depart at the end of the visit. |
| Departure plans | Applicants should show credible plans to leave the United States once the extension period ends, supported by return tickets or funds. |
| Not ESTA/VWP | Entrants under the Visa Waiver Program or ESTA cannot extend or change status, except for very limited exceptions. |
1. What documents are needed for a US visitor visa extension?
To file for a US visitor visa extension, in addition to Form I-539 and a written statement or cover letter in support, the following documents will typically be needed:
- any original Form I-94 (Arrival/Departure Record)
- a photocopy of the applicant’s passport with the CBP admission stamp
- supporting documents demonstrating the temporary nature of the extended stay
- copies of return flight tickets or proof of other arrangements made to leave the US
- documents showing the impact of the extended stay on employment or residency overseas, such as proof that the applicant still has a job and a home to return to
- proof of financial independence and the ability to cover the cost of the extended stay.
2. How long does it take to extend a US visitor visa?
Once an application for a US visitor visa extension has been submitted to USCIS, the applicant will be provided with a receipt notice containing a 13-digit case number. This number can be used to check the status of the application and its processing time. The current processing times for different types of applications can also be searched at ‘Check Case Processing Times’ on the USCIS website. This provides a useful online tool which requires the user to enter the form type (Form I-539), plus the form category (extension of stay for B nonimmigrant) and the location of filing for an estimate of timescales.
Importantly, if a timely application is made for an extension of stay before the expiry of the authorized stay, the applicant will be regarded as in a period of authorized stay while the application is pending. If the application is denied, unlawful presence will generally be counted back to the date the I-94 expired. If the application for extension of status is pending, USCIS will generally defer any removal proceedings until after a decision is made, although this is not guaranteed.
If the application for an extension of stay is approved, the approval will relate back to the date the Form I-94 expired, and the applicant’s status while their application was pending will then be considered to have been lawful. However, if the application is denied, they may be required to depart the United States immediately. In addition, any nonimmigrant visa in their passport granted in connection with their B classification will become void. Once a visa is void, a new visa application must then be submitted at a US Embassy overseas.
3. Costs, interviews and re-entry
To apply for an extension of stay in either B-1 or B-2 nonimmigrant status using Form I-539 will cost $420. There is no longer a separate biometric services fee for most applicants.
USCIS may require the applicant of a US visitor visa extension to appear for an interview to verify their identity, and to obtain additional information or documentation, although an extension may be granted without an interview. Much will depend on the reasons given for the extension of stay and the circumstances involved, and whether USCIS consider it necessary to ask the applicant questions in person. Biometrics are no longer routinely required for Form I-539 applicants, although USCIS retains discretion to request them in certain cases.
A visitor visa will usually be granted as a multiple-entry visa, allowing the successful visa-holder to visit the United States a number of times during the validity of this visa for up to 6 months on each occasion. However, for anyone looking to stay in the US for a period of longer than 6 months, they will need to apply for a US visitor visa extension.
For those using a visitor visa to come to United States on more than one occasion, there should be a reasonable amount of time between each visit, although there is no set requirement for how long a visitor must wait. In practice, repeated long stays often raise suspicions that a visitor is using the visa to live in the US. If officials become suspicious that a visitor visa is being used to live in the US through frequent or extended visits, they are likely to refuse a person entry.
Section D: Common reasons USCIS denies visitor visa extensions
Even where the correct form is submitted on time, USCIS often denies visitor visa extension requests. One of the most common reasons is failure to demonstrate strong ties to the home country, such as ongoing employment, property ownership, or close family members abroad. Applicants may also fall short if they cannot provide evidence of sufficient financial resources to support themselves during the extended stay. Inconsistencies between the stated purpose of the visit and prior immigration history can also raise concerns. Late filing, without compelling reasons for the delay, is another frequent cause of refusal. Where USCIS believes the applicant intends to remain in the United States permanently, or to work in violation of visitor rules, the request will almost certainly be denied.
Applicants should approach the extension process with care. It is vital to file well in advance, ideally at least 45 days before the expiration date on the Form I-94. Supporting evidence should be detailed and consistent, showing that the purpose of the visit remains temporary and that firm plans exist to depart the United States at the end of the stay. Clear documentation of financial resources is particularly important, including bank statements and evidence of accommodation. Applicants should also provide proof of binding ties abroad, such as letters from employers confirming ongoing work, property ownership documents, or evidence of close family members in the home country. A carefully written explanation that matches prior immigration history will help avoid concerns that the extension is being used as a stepping stone to permanent residence or unauthorized employment.
If USCIS denies a visitor visa extension request, the applicant will generally be required to leave the United States immediately. The denial will specify the reasons, and unlawful presence will usually be calculated from the date the I-94 expired, not from the date of the decision. Any visas previously issued in connection with B classification will be voided, which means the individual must apply for a new visa at a US Embassy abroad if they wish to return. There is no formal appeal process for a denial of Form I-539, although applicants may in some circumstances file a motion to reopen or reconsider. In practice, most people have no option but to depart promptly to avoid further immigration consequences.
Section E: Adjustment of Status
If a person’s circumstances change while in the United States, for example where a visitor is offered employment or decides to pursue a longer course of study, they may in theory be able to request a change from visitor status to another nonimmigrant category. In practice, however, such applications are scrutinized closely and are often discouraged. USCIS officers will look at whether the person entered the country genuinely intending to visit, or whether they misrepresented their intentions at the border. A pattern of arriving as a visitor and then seeking to stay in a different category can easily result in refusal and future visa problems.
A US visitor visa does not authorize paid or productive work, nor does it cover academic study beyond short recreational classes. Anyone looking to take up employment or enrol on a degree or other structured program would need to obtain the relevant work or student visa. Where eligible, a request to change status must be filed with USCIS using the correct form, typically Form I-539 for many categories, or Form I-129 for employment-based petitions, supported by strong evidence of eligibility.
Because of the risks involved and the likelihood of denial where the original visit purpose is called into question, expert legal advice is strongly recommended before considering this type of application. In many cases, departing the United States and applying for the correct visa from overseas will be a more straightforward and credible strategy.
Section F: Need Assistance?
NNU Immigration are US visa specialists. For specialist guidance on your US immigration options and applications, contact us.
Section G: US Visitor Visa Extension Guide FAQs
Can a US tourist visa be extended?
A US tourist visa is usually designed for trips of up to a maximum of 6 months, although it may be possible to apply to extend a visit to the United States for up to 12 months in certain circumstances, usually in increments of 6 months.
Can I stay in USA for 6 months every year?
In theory, you may be admitted for up to 6 months on each visit, but there is no guaranteed right to remain for that length of time on every entry. Frequent or extended visits are closely scrutinized and can result in refusal if CBP suspects the visitor is effectively living in the US.
How much does it cost to extend a tourist visa to USA?
The fee to apply to extend a tourist visa to stay longer in the USA is currently set at $420 using Form I-539. However, if your visa extension application is not successful, this fee is non-refundable.
Can I apply extension for my visitor visa?
You can apply for an extension to your US visitor visa if you continue to meet the requirements under the visitor rules, including being able to show that you intend to depart the country at the end of your stay.
Section H: Glossary
| Term | Meaning |
|---|---|
| B-1 visa | A nonimmigrant visa for short-term business visits to the United States, covering unpaid activities such as meetings, negotiations and conferences. |
| B-2 visa | A nonimmigrant visa for temporary visitors to the United States for tourism, vacations or medical treatment. |
| CBP | US Customs and Border Protection, the agency responsible for inspecting travellers at ports of entry and granting or refusing admission to the United States. |
| ESTA | Electronic System for Travel Authorization, used by nationals of certain countries under the Visa Waiver Program for visa-free travel to the United States for up to 90 days. |
| Form I-94 | The Arrival/Departure Record issued at a US port of entry showing the date of admission and the authorized length of stay. |
| Form I-129 | The USCIS petition used by employers to request work authorisation for a foreign national in a nonimmigrant employment category. |
| Form I-539 | The USCIS application used to request an extension or change of nonimmigrant status while remaining in the United States. |
| INA 222(g) | A section of the Immigration and Nationality Act that automatically voids a visa if the holder overstays their authorized period of admission. |
| Nonimmigrant status | A temporary classification allowing a foreign national to remain in the United States for a specific purpose and period of time. |
| Overstay | Remaining in the United States beyond the date authorized on Form I-94, which results in unlawful presence and possible reentry bans. |
| USCIS | US Citizenship and Immigration Services, the agency that processes visa extensions, changes of status and other immigration benefits inside the United States. |
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.