Non-immigrant Visa
Form I-539 Change/Extension of Nonimmigrant Status
Non-immigrant Visa
Form I-539 Change/Extension of Nonimmigrant Status
Form I-539, officially titled “Application to Extend/Change Nonimmigrant Status,” is a form used by certain nonimmigrant visa holders in the United States to request an extension of their stay or a change to another nonimmigrant status. This form is typically used by individuals who are already in the U.S. on a valid visa and wish to either extend their current status or change to a different nonimmigrant category.

Who Uses Form I-539?
Form I-539 is primarily used by nonimmigrants who are in the U.S. on the following types of visas:
- Dependents of Nonimmigrants: This includes dependents (spouses and children) of nonimmigrant workers holding visas such as H-1B (H-4 dependents), L-1 (L-2 dependents), TN (TD dependents), O-1 (O-3 dependents) and dependents of E-1/E-2/E-3.
- Visitors and Tourists: Individuals on B-1 (business visitor) or B-2 (tourist) visas who need to extend their stay.
- Students: F-1 or M-1 students who need to apply for reinstatement of status after falling out of status or who wish to change their status to another nonimmigrant category.
Common Uses of Form I-539
- Extending Stay: Nonimmigrants who want to stay in the U.S. longer than their authorized period of stay can use Form I-539 to apply for an extension. It’s important to file the form before the current visa status expires.
- Changing Status: Individuals who are already in the U.S. on one type of nonimmigrant visa and wish to change to another category can use this form. For example, a B-2 tourist might apply to change their status to F-1 student status.
- Reinstating Status: F-1 or M-1 students who need to apply for reinstatement of status after falling out of status or who wish to change their status to another nonimmigrant category.
- Co-Applicants: In cases where a family is applying together, such as when dependents of an L-1 visa holder want to extend their L-2 status, Form I-539 can be used to include multiple applicants on one form.
Requirements and Process
- Filing: The form must be completed and filed with U.S. Citizenship and Immigration Services (USCIS) along with the necessary supporting documents and the appropriate filing fee.
- Supporting Documents: The required supporting documents vary depending on the specific request but may include copies of passports, the I-94 arrival/departure record, and documentation of financial support.
- Biometrics Appointment: In many cases, applicants will be required to attend a biometrics appointment to provide fingerprints, photographs, and signatures.
- Processing Time: The processing time for Form I-539 varies depending on the applicant’s status, the USCIS office handling the application, and the complexity of the case.
- Approval and Issuance: If approved, the applicant will receive a notice of action (Form I-797) indicating the new status or extended period of stay. If changing status, the applicant is generally required to maintain their current status until the change is approved.
Important Considerations
- Timely Filing: It’s crucial to file Form I-539 before the expiration of the current visa status to avoid falling out of status.
- Ineligibility for Some Visa Holders: Not all nonimmigrant visa holders are eligible to use Form I-539 to extend or change their status. For example, individuals on J-1 visas subject to the two-year home residency requirement cannot change status through Form I-539.
- Work Authorization: Filing Form I-539 does not grant work authorization. Applicants may need to file a separate form, such as Form I-765 (Application for Employment Authorization), if eligible and if they wish to work.
Form I-539 plays a vital role in allowing nonimmigrants to legally extend their stay or change their status while in the United States. If you have any specific concerns or need further guidance, consulting with an immigration attorney would be beneficial.