Form I-539 is the application process used by certain nonimmigrants already in the United States to request more time in their current status or to switch into another temporary category without leaving the country. It does not grant permanent residence and does not itself provide employment authorisation. When filed on time, it can place the applicant into a period of authorised stay while the petition is pending, but this is not the same as having lawful status and approval is not assured.
What this article is about: This guide explains who can and cannot use Form I-539, how to prepare and file it online or by mail, and what evidence to include. It covers filing fees, biometrics, receipt notices, processing times, and how USCIS handles Requests for Evidence. It clarifies the difference between authorised stay and lawful status, the abandonment risk if travel occurs while the application is pending, and the consequences of refusal or overstay. It also addresses student-specific points such as F-1 reinstatement requirements, the limits on M-1 changes of status, and J-1 restrictions under the two-year home-residency rule. Finally, it explains how to include dependants using Supplement I-539A and common mistakes that delay or jeopardise cases.
Section A: Understanding Form I-539
Form I-539, Application to Extend/Change Nonimmigrant Status, allows certain nonimmigrants to ask USCIS for permission either to remain in the United States beyond the period granted on their I-94 record or to change into another nonimmigrant category without leaving the country. Understanding the limits of this form and who is permitted to use it is critical to maintaining lawful presence.
1. What is Form I-539?
Form I-539 is used to request:
- Extension of stay: For example, a B-2 visitor who wishes to remain longer for medical treatment or continued tourism.
- Change of status: Such as an F-1 student switching to H-4 dependant status while staying in the United States.
- Reinstatement: An F-1 or M-1 student who has fallen out of status may seek reinstatement through Form I-539, supported by a compliant Form I-20. USCIS will only grant reinstatement if the student can demonstrate a valid academic purpose, no repeated or willful violations, and no unauthorised employment.
The form does not provide employment authorisation. Work remains prohibited unless separately authorised under the individual’s visa category, such as F-1 students approved for OPT or CPT. H-4 and L-2 dependants may be eligible for work rights, but those rights are obtained through separate applications, not through the I-539 itself.
2. Who Can File Form I-539?
Eligibility depends on the visa category. Common applicants include:
- B-1/B-2 visitors applying for more time in the United States.
- F-1 or M-1 students seeking reinstatement or changing to another nonimmigrant status with SEVIS support. Note: M-1 students cannot change to F-1 while in the US under 8 CFR §214.2(m)(20).
- Dependants (spouses and children) of temporary workers or students, including H, L, O, R, and F/M visa holders, requesting an extension or change in line with the principal’s status.
Dependants can be included in a single I-539, but each must be listed on a Supplement I-539A. All dependants included must seek the same classification, otherwise USCIS may delay or deny the entire filing.
3. Who Cannot Use Form I-539?
Some categories are excluded from I-539 filings, such as:
- Principal temporary workers including H-1B, L-1, or O-1 holders (employers must use Form I-129).
- Visa Waiver Program entrants (ESTA travellers cannot extend or change status).
- J-1 exchange visitors subject to the two-year home-residency rule under INA §212(e), unless they first obtain a waiver.
- Holders of C, D, K, or S visas.
Filing I-539 when ineligible will result in denial and may cause the applicant to fall out of lawful status. Verifying eligibility before submission is therefore critical.
Section A Summary: Form I-539 is available to visitors, students, and dependants for extensions, reinstatements, or changes of status, but principal work visa holders, Visa Waiver entrants, and certain other categories cannot use it. Knowing these boundaries is fundamental to protecting lawful presence.
Section B: Filing the Application
Submitting Form I-539 correctly and within the required timeframe is crucial to protect your lawful presence in the United States. Applicants must complete the form carefully, pay the correct fees, and submit consistent supporting documentation. Even minor mistakes, such as missing a supplement or filing late, can result in delays, Requests for Evidence, or outright refusal.
1. How to Apply for a Visa Extension or Change
Form I-539 can be filed either through the USCIS online system or on paper by mailing the form to the correct lockbox. Online filing typically provides faster confirmation and easier case tracking.
Key steps include:
- File before expiry: USCIS recommends submitting at least 45 days before the I-94 expiration date. Late filings may be excused only where “extraordinary circumstances” beyond the applicant’s control can be proven under 8 CFR §214.1(c)(4).
- Complete accurately: Applicants must provide full and consistent information, including their current status, I-94 details, and reasons for requesting an extension or change.
- Pay the correct fees: A filing fee is required. In most cases, a separate biometrics fee must also be paid, especially for visitors, students, and dependants.
- Attend biometrics: If scheduled, applicants must appear at a USCIS Application Support Center. Failure to attend usually leads to denial.
- Select filing method: Online filing is recommended, but paper submissions remain available. The mailing address varies depending on the visa type and reason for filing.
2. Documents Needed for I-539
Supporting evidence depends on the visa type, but typical documents include:
- Current Form I-94, available online from CBP.
- Copy of passport biographic page and entry visa.
- Evidence of financial support, such as bank statements or proof of the principal visa holder’s employment. Applicants must show they can support themselves without unauthorised work or reliance on public benefits.
- A letter explaining the reason for the extension or change and the requested timeframe.
- Evidence of compliance with current status, such as student transcripts, updated SEVIS records, or proof of dependant status linked to the principal’s approval notice.
All documents must be legible and consistent. Any discrepancies between the form and supporting evidence often lead to Requests for Evidence or outright denial.
Section B Summary: A strong I-539 application requires early filing, accurate completion, and clear evidence of finances and compliance. Correct fees, biometrics attendance, and consistency across records significantly improve the chances of approval.
Section C: Processing & Decisions
Once Form I-539 has been filed, it enters the USCIS adjudication process. Applicants should prepare for potentially lengthy processing, biometrics appointments, and the possibility of a Request for Evidence (RFE) if more documentation is needed. Understanding the stages of review and the possible outcomes helps applicants manage expectations and avoid compliance risks.
1. I-539 Processing Time
Processing times vary significantly depending on the visa category, case complexity, and the service center handling the petition. On average, cases may take three to twelve months, but student reinstatement applications can take much longer. Applicants can check current timelines through the USCIS Processing Times tool. Each case is reviewed individually, and applications covering multiple dependants may add to the timeline.
Extended adjudication periods can create practical challenges, especially for students awaiting reinstatement, as they may face restrictions on study, travel, or work until a decision is issued.
2. After You File
Following submission, USCIS will issue a receipt notice (Form I-797C) confirming acceptance and providing a case number for online tracking. If biometrics are required, a separate appointment notice will be issued, and attendance is mandatory. Missing the appointment almost always results in denial.
Applicants who file before their I-94 expires are usually placed into a period of authorised stay while USCIS processes the application. This prevents unlawful presence from accruing, but it is not the same as lawful status. If USCIS later denies the application, authorised stay ends immediately and unlawful presence begins the next day.
Travelling abroad while an I-539 is pending generally results in USCIS treating the application as abandoned. If additional information is required, USCIS will issue a Request for Evidence, which must be answered fully and within the deadline given.
3. Outcomes: Approval, Denial, and Overstay Consequences
If approved, USCIS issues a new I-94 reflecting the extended or changed status. Applicants should review this carefully for accuracy. If denied, the individual must depart the United States immediately to avoid unlawful presence. There is no right of appeal for I-539 denials, though applicants may in some cases file a motion to reopen or reconsider using Form I-290B.
Remaining in the US after denial can trigger serious consequences under US immigration law, including:
- Loss of lawful presence protections.
- A three-year bar on re-entry if the overstay exceeds 180 days.
- A ten-year bar on re-entry if the overstay exceeds one year.
- Greater difficulty obtaining visas or other immigration benefits in the future.
Section C Summary: Timely filing preserves authorised stay, but approval is never guaranteed. Applicants must not travel abroad while the case is pending, must attend biometrics if required, and must leave immediately if refused. Overstays carry strict penalties, including lengthy re-entry bans.
Section D: Key Considerations for Applicants
Even when eligibility is clear, many Form I-539 applications are denied because applicants miss critical requirements or present incomplete cases. Understanding the most common pitfalls and following best practices can significantly improve the likelihood of approval.
1. Common Reasons for Denial
Frequent grounds for refusal include:
- Late filing: Applications submitted after I-94 expiry are usually refused unless supported by clear evidence of “extraordinary circumstances” beyond the applicant’s control, as recognised in 8 CFR §214.1(c)(4).
- Insufficient financial proof: USCIS expects evidence that applicants can support themselves and their dependants without unauthorised employment or reliance on public benefits.
- Incomplete or inconsistent documentation: Errors, contradictions, or missing details often lead to Requests for Evidence or outright denial.
- Weak justification: USCIS requires a credible and well-documented explanation for the extension, reinstatement, or change. Generic or vague reasons undermine the case.
2. Tips for a Successful Application
Applicants can improve their prospects by taking these steps:
- File early: Aim to submit the application at least 45 days before I-94 expiry to allow for processing delays.
- Provide strong supporting evidence: Include clear financial records, proof of lawful activity, and a detailed explanation of the request.
- Maintain lawful compliance: F-1 and M-1 students should continue their studies, while dependants must ensure the principal visa holder maintains lawful status.
- Avoid travel abroad: Leaving the US while the I-539 is pending will usually cause abandonment of the application.
- Consider professional guidance: More complex cases, such as changing from visitor to student, often benefit from legal review before submission.
Section D Summary: Most denials arise from avoidable mistakes. Filing on time, supplying robust financial and compliance evidence, and avoiding international travel during adjudication are key. Applicants should consider legal advice in complex or high-risk situations to minimise the chance of refusal.
FAQs
Who can use Form I-539?
Eligible applicants include B-1/B-2 visitors, F-1 and M-1 students seeking reinstatement or a change of status, and dependants of certain temporary visa holders. Each dependant must be included on a Supplement I-539A if filing together.
Who cannot use Form I-539?
Ineligible categories include Visa Waiver Program entrants, crew members holding C/D visas, K and S visa holders, and J-1 exchange visitors subject to the two-year home residency rule unless they first obtain a waiver. Principal workers in categories such as H-1B or L-1 must rely on employer-filed Form I-129 rather than I-539.
Does Form I-539 grant work authorisation?
No. Filing or approval of Form I-539 does not allow employment. Any work must be authorised separately under the applicant’s nonimmigrant status, such as F-1 students with approved OPT or CPT. H-4 and L-2 dependants may have work options, but these require separate authorisation processes.
Can I include dependants on one application?
Yes. Multiple dependants may be included on a single I-539, provided each is listed on a Supplement I-539A and all request the same immigration category. Mixed categories cannot be combined on one application.
What happens if I travel abroad while I-539 is pending?
Departing the United States while an I-539 is pending usually results in USCIS treating the application as abandoned, and it will be denied. Applicants are advised to remain in the country until a decision has been issued.
What are the consequences of overstaying after a denial?
If denied, the applicant must depart immediately. Overstays of more than 180 days can trigger a three-year bar on re-entry, while overstays of more than one year can trigger a ten-year bar under INA §212(a)(9)(B). Remaining unlawfully also increases the risk of visa refusals in the future.
Conclusion
Form I-539 is the primary application for eligible nonimmigrants to request an extension, reinstatement, or change of status without leaving the United States. Success depends on filing before I-94 expiry, providing complete and consistent documentation, and complying with USCIS procedures such as biometrics. While a timely submission prevents unlawful presence from accruing, it does not guarantee approval. Applicants should avoid travel abroad during adjudication, respond promptly to Requests for Evidence, and depart quickly if refused to avoid unlawful presence and re-entry bars. Careful preparation, strong financial documentation, and professional legal guidance in complex cases can substantially improve the chances of a positive outcome.
Glossary
| Form I-539 | Application to Extend/Change Nonimmigrant Status, used by eligible applicants to extend their stay, request reinstatement, or change into another temporary classification. |
| I-94 | Arrival/Departure Record issued by US Customs and Border Protection showing the visa category, admission date, and authorised period of stay. |
| USCIS | US Citizenship and Immigration Services, the federal agency responsible for adjudicating Form I-539 and related petitions. |
| RFE | Request for Evidence issued by USCIS when additional documentation or clarification is needed before a decision can be made on an application. |
| Form I-797C | Notice of Action sent by USCIS confirming receipt, biometrics scheduling, or other updates about a pending application. |
| Lawful Status | Formal immigration status granted under US law that permits an individual to remain legally in the country under the terms of their visa. |
| Authorised Stay | A protection period triggered by a timely-filed I-539. It prevents accrual of unlawful presence but does not constitute lawful status. It ends immediately if the application is denied. |
| INA §212(a)(9)(B) | The provision of US immigration law imposing three- and ten-year re-entry bars for unlawful presence exceeding 180 days and one year, respectively. |
Useful Links
| 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 |
| DavidsonMorris – Form I-539 Guidance | https://www.davidsonmorris.com/i-539/ |
| NNU Immigration – Form I-539 Guidance | https://www.nnuimmigration.com/i-539/ |
