Change Or Extend Your Nonimmigrant Status With I-539 Form (2024)

You must submit an application for extension of stay or change of status before your current authorized stay expires. Even if you are approved for another status in the future, you will be required to file a I-539 form to “bridge” any gap that might arise between the expiration of your current status and validity of your future status. Therefore, we suggest you file at least 45 days before your stay expires or as soon as you determine your need to change or extend status. Failure to file before the expiration date may be excused if you demonstrate when you file the application that:

• The delay was due to extraordinary circ*mstances beyond your control;
• The length of the delay was reasonable;
• You have not otherwise violated your status;
• You are still a bona fide nonimmigrant; and
• You are not in removal proceedings.

The updated filing fee for I-539 can be foundhere.You and each co-applicant must also pay an $85 biometric services fee.

Exceptions: Individuals changing into or out of A-1, A-2, A-3, G-1, G-2, G-3, G-4, G-5, NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, or NATO-6 status are not required to submit either the filing fee or the biometric services fee.

You may pay the fee with a money order, personal check, or cashier’s check.

Completeall sectionsof the form. We will reject the form if these fields are missing:

• Part 1 – Information About You
  • Family Name
  • Mailing Address
  • Date of Birth
  • Current nonimmigrant status
• Part 2 – Application Type
  • I am applying for (1., 2.. or 3.a.)
  • The status I am requesting (3.b or 3.c)
  • Total number of People Included in This Application.

Don’t forget to sign your form!

File in 2 ways

• Create a USCIS account to file online
• File by paper toUSCIS direct filing addresses

• Employment-Based requiring Form I-129
• Other Nonimmigrant Categories requiring Form I-539

• Lawful admittance as a nonimmigrant
• Nonimmigrant visa status remains valid
• No committed acts that make you ineligible for immigration benefit
• No violations to the conditions of admission
• Passport is valid and will remain valid for the duration of your stay

• I-94, Arrival Departure Record
• I-94W, Nonimmigrant Visa Waiver Arrival-Departure Record
• I-129, Petition for Nonimmigrant Worker
• I-539, Application to Extend/Change Nonimmigrant Status

• J-1: Exchange Visitor subject to the 2-year foreign residence requirement cannot change status, with certain exceptions
• M-1: Vocational student cannot change status to F-1 or H classification (if the vocational training helped him/her qualify for the H classification)

• 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))

• A (Diplomatic and Other Government Officials, Immediate Family members, and Employees)
• B-1 & B-2 (Visitors for Business or Pleasure)
• E-1 & E-2 (Dependents of Treaty Traders, Treaty Investors, and Their Employees)
• E-3 (Dependents of Skilled Professionals from Australia)
• F (Academic Students and Dependents) G (Foreign Government Officials, Certain Immediate Family Members, and Employees)
• H-4 (Dependents of Temporary Skilled or Unskilled Workers and Trainees)
• 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 (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)
• TD (Dependents of Canadians and Mexicans under the North American Free Trade Agreement (NAFTA))

• E-1 and 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))