How do I extend my nonimmigrant stay in the United States?

C1—I am a nonimmigrant…How do I extend my nonimmigrant stay in the United States?

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I am a

nonimmigrant

How do I extend my

nonimmigrant stay

in the United States?

Nonimmigrant visas are issued by the U.S. Department of State

to foreign nationals who intend to remain in the United States for

a temporary period. The period varies for different nonimmigrant

classifications.

In the past, foreign nationals were provided with a paper Form

I-94, Arrival-Departure Record, upon admission to the United

States showing the date of admission, class of admission, and

admitted-until date. U.S. Customs and Border Protection (CBP) has

automated the Form I-94 arrival-departure record at air and sea

ports of entry. This automated system will create an electronically

generated arrival-departure record with all the data elements found

on the paper form. A paper I-94 will no longer be issued. You

will instead be provided with a CBP admission stamp in your travel

document. If you need a copy of your I-94 record of admission, it

can be obtained at www.cbp.gov/I94. A paper I-94 will still be

issued at land border ports of entry.

The admissions stamp in your travel document or the I-94/I-94W

shows your nonimmigrant status and the length of time you can

legally remain in the United States. Note that the admissons stamp

in your travel document or the I-94/I-94W shows how long you are

permitted to remain in the United States, but your nonimmigrant

visa (if a visa was issued) does not. A visa only shows when and

how many times you may seek admission to the United States from

abroad based on the classification noted on your visa.

We understand that you may wish to remain in the United States

longer than you originally planned. This customer guide contains

information about how to apply for an extension of your stay in the

United States to continue the same activities permitted when you

were first admitted to this country.

How do I know if I am eligible to extend my stay in the

United States?

You may apply for an extension of stay in the United States if:

• You were lawfully admitted into the United States as a

nonimmigrant;

• You have not committed any act that makes you ineligible to

receive an immigration benefit;

• There is no other factor that requires you to depart the United

States prior to extending status (for example, a USCIS officer

may determine that you should obtain a new visa prior to

extending your status); and

• You can submit an application for an extension of stay by mail

or you can file online using USCIS ELIS for an extension of

stay before the expiration date on your Form I-94. (There are

certain very limited circumstances under which USCIS will excuse

a late submission.)

Please note: Your passport must be valid for your entire requested

period of stay in the United States.

How do I know if I am not eligible to extend my stay in the

United States?

If you were admitted to the United States in any of the following

nonimmigrant categories shown on your I-94, you cannot extend

your stay in the United States and must depart the United States on

or before the date your I-94 expires:

C (Alien in Transit)

D (Crewman)

K-1 or K-2 (Fiancé(e) or Dependent of

Fiancé(e))

S (Witness or Informant

beyond a total of 3 years)

TWOV (Transit Without Visa)

WT or WB (Visa Waiver Program—you

would have been issued a

green Form I-94W)

How do I apply to extend my stay in the United States?

Application procedures for an extension of stay depend on your

nonimmigrant status:

• Employment-Based Categories: If you are in one of the

following employment-related categories, your employer should

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file a Form I-129, Petition for Nonimmigrant Worker, before the

date your Form I-94 expires:

E-1 or E-2 (Treaty Traders, Treaty

Investors, and Employees

of Treaty Traders and

Treaty Investors),

E-3 (Skilled Professionals from

Australia)

H-1B, H-2A, H-2B, or H-3 (Temporary Skilled or

Unskilled Workers and

Trainees)

L-1A or L-1B (Intracompany

Transferees)

O-1 or O-2 (Aliens with Extraordinary

Ability and Their

Assistants)

P-1, P-2, or P-3 (Athletes and Entertainers)

Q-1 (International Cultural

Exchange Visitors)

R-1 (Religious Workers)

TN-1 or TN-2 (Canadians and Mexicans

under the North American

Free Trade Agreement

(NAFTA))

Each of the above categories has specific requirements and

limits, including limits on length of stay in this country. For more

information, contact your employer or qualified immigration

counsel.

Please note: If your employer files a Form I-129, Petition for

a Nonimmigrant Worker, to extend your stay and your spouse

or unmarried children under age 21 also want to extend their

stay, they need to file (paper based or e-file electronically)

using Form I-539, Application to Extend/Change Nonimmigrant

Status. They can all be included on one I-539. It is best to file

the I-129 and I-539 together so that they can be adjudicated

about the same time. Remember, though, that they are separate

applications. Therefore, you and your family members (and your

employer) must follow the instructions and attach all supporting

documents with each application, even when filing the forms

together.

• Other Categories:

If you are in the following nonimmigrant categories, you should

file a Form I-539 to extend your stay:

A-3 (Attendants, Servants,

Personal Employees of

Diplomatic and Other

Government Officials and

Immediate Family)

B-1 and B-2 (Visitors for Business or

Pleasure)

E-1 and E-2 (Dependents of Treaty

Traders, Treaty Investors,

and Their Employees)

E-3 (Dependents of Skilled

Professionals from

Australia)

G-5 (Attendants, Servants,

Personal Employees of

Foreign Government

Officials and Immediate

Family)

H-4 (Dependents of Temporary

Skilled or Unskilled

Workers and Trainees)

K-3 and K-4 (Spouse of U.S. Citizen

and Minor Child

Accompanying/Following

to Join)

L-2 (Dependents of

Intracompany Transferees)

M (Vocational Students and

Dependents)

N (Parents and Children of

Certain People Who Have

Been Granted Special

Immigrant Status)

NATO-7 (Attendants, Servants,

Personal Employees of

NATO Representatives,

Officials, Employees

and Immediate Family

Members)

O-3 (Dependents of Aliens

With Extraordinary Ability

and Their Assistants)

P-4 (Dependents of Athletes

and Entertainers)

R-2 (Dependents of Religious

Workers)

All “V”categories (Certain Second-

Preference

Beneficiaries)

TD (Dependents of Canadians

and Mexicans under the

North American Free Trade

Agreement (NAFTA))

Please note: All family members (spouse and unmarried

children under 21) in the same category can be included on

one Form I-539. Remember to submit all required supporting

documents with your application.

Where can I file Form I-539?

At this time, we no longer accept new online filings of the Form

I-539, Application to Extend/Change Nonimmigrant Status. If you

need to file a Form I-539 application, refer to information and

instructions on our Form I-5399 page at http://www.uscis.gov/i-

539. If you recently filed a Form I-539 online, you can still access

your case electronically to respond to a request for evidence, check

case status, and update your profile.

Can I get an extension if my authorized stay or visa has

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expired or is about to expire?

• If your stay as shown on your Form I-94, Arrival-

Departure Record, has already expired, while anyone can file

an application, we usually will not grant an extension of stay.

• If you believe compelling unforeseen circumstances

beyond your control prevented you from filing on time,

please explain your unforeseen circumstances in your application

and include any documents to support your claim.

• If your stay as show on your Form I-94 is about to

expire, make sure you file your application in time for USCIS to

receive it before your status expires.

• If you are concerned about your visa expiring, remember

it simply lets you come to the United States to apply to enter.

Your visa doesn’t control the length of your stay. The period for

which you can stay was determined when you were admitted to

the United States. You will usually find that information on the

Form I-94 that was issued to you when you were admitted.

When should I file Form I-539 and how long will it take to

process my application?

Our processing times can vary. You may check our Web site, www.

uscis.gov, for our current processing times. We suggest you file at

least 45 days before your stay expires.

If I am eligible for an extension of stay and file on time,

will my stay be extended?

An extension of stay is not automatic. We will look at your situation,

your status, and the reasons you want to extend your stay before

deciding whether or not to grant your application. If we grant it,

we will also decide how long to extend your stay. We will not grant

an extension if circumstances indicate that an extension is not

warranted.

What if I file for an extension of stay on time but USCIS

doesn’t make a decision before my I–94 expires?

Your lawful nonimmigrant status ends, and you are out of status,

when your Form I-94 expires, even if you have timely applied

to extend your nonimmigrant status. Generally, as a matter of

discretion, USCIS will defer any removal proceedings until after

the petition is adjudicated and USCIS decides your request for

extension of nonimmigrant status. Nevertheless, DHS may bring a

removal proceeding against you, even if you have an application for

extension of status pending.

Even though you are not actually in a lawful nonimmigrant

status, you do not accrue “unlawful presence” for purposes of

inadmissibility under section 212(a)(9)(B) of the Immigration and

Nationality Act, while your extension of status application is pending

if it was filed prior to the expiration of your Form I-94.

Although you are out of status, you may be permitted, depending

on your classification, to continue your previously authorized

employment for a maximum period of 240 days while your

extension application is pending if USCIS receives your application

before your Form I-94 expires, and you have not violated the terms

of your nonimmigrant status. You may be required to stop working

immediately when the first of the following events occurs:

• 240 days elapses from the date your I-94 expires; or

• USCIS has made a final decision denying your extension

application.

If your application for an extension of stay is approved, the approval

will relate back to the date your Form I-94 expired, and your status

while your application is pending will then be considered to have

been lawful.

If your application is denied, you may be required to cease

employment and depart the United States immediately.

In addition, any nonimmigrant visa in your passport granted in

connection with your classification becomes void. Once your visa is

void, you must submit any new visa application at a U.S. consulate

in your home country (not a third country, except in rare instances

as determined by the U.S. Department of State).

After I file, how can I check the status of my extension

application?

• Filing Paper-based Form I-539

After you file, we will mail you a receipt. This receipt will

provide a number assigned to track your application, as well

as the estimated processing time. Your receipt will also give

instructions on how you can use this receipt number to check

the status of your case on our Web site. You can also use the

general information available in the Customer Guide F1,

(General Information...How Do I... Know What Services Are

Available After I File?).

• If you filed a Form I-539 online you created an account.

You can still access your case electronically to respond to

a request for evidence, check case status, and update your

profile.

Key Information

Key USCIS forms referenced

in this guide

Form #

Arrival-Departure Record I-94

Nonimmigrant Visa Waiver

Arrival-Departure Record

I-94W

Petition for Nonimmigrant Worker I-129

Application to Extend/Change

Nonimmigrant Status

I-539

Other U.S. Government Services–Click or Call

General

Information

www.usa.gov (800) 333-4636

New

Immigrants

www.welcometoUSA.gov

U.S. Dept.

of State

www.state.gov (202) 647-6575

C1—I am a nonimmigrant…How do I extend my nonimmigrant stay in the United States?

M-579B (May 2016) N

For more copies of this guide, or information about other customer

guides, please visit www.uscis.gov/howdoi.

You can also visit www.uscis.gov to download forms, e-file some

applications, check the status of an application, and more.

It’s a great place to start!

If you don’t have Internet access at home or work, try your local

library.

If you cannot find what you need,

please call Customer Service at: (800) 375-5283

Hearing

Impaired TDD Customer Service: (800) 767-1833

Disclaimer: This guide provides basic information to help you become generally

familiar with our rules and procedures. For more information, or the law and

regulations, please visit our Web site. Immigration law can be complex, and

it is impossible to describe every aspect of every process. You may wish to be

represented by a licensed attorney or by a nonprofit agency accredited by the

Board of Immigration Appeals.