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Official form guide
Form I-539: Application to Extend or Change Nonimmigrant Status
U.S. Citizenship and Immigration Services Form I-539 is the Application to Extend or Change Nonimmigrant Status. It lets eligible nonimmigrants request a stay extension or status change, and a parent or guardian may sign Form I-539A for a child under 14.
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USCIS Form I-539 - Application to Extend or Change Nonimmigrant Status
U.S. Citizenship and Immigration Services Form I-539 is the Application to Extend or Change Nonimmigrant Status. It lets eligible nonimmigrants request a stay extension or status change, and a parent or guardian may sign Form I-539A for a child under 14.
Risk Radar
Scan points- 1Using Form I‑539 to extend an H‑1B worker’s stay results in automatic denial.
- 2Failing to include a separate Form I‑539A for each additional applicant.
- 3Missing the required signature on a Form I‑539A for a co‑applicant.
- 4Submitting Form I‑539 to request an extension for an H‑1B, H‑2A, H‑2B, or H‑3 nonimmigrant.
- 5Not attaching the Form I‑797 approval notice when filing for a TN professional worker.
Plain English
Form I-539 lets you ask USCIS to lengthen the time you can stay in the U.S. or to switch to a different visa category. You fill it out, attach any required notices, and sign it before sending it in.
Submission Date
- Filing date: Not stated in the official source.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- Use this form when you are a listed nonimmigrant seeking an extension of stay or a change to another nonimmigrant status, or an F‑1/M‑1 student applying for reinstatement.
- Do not use it when you are an H‑1B, H‑2A, H‑2B, H‑3, O‑1, O‑2, R‑1, L‑1 principal, or T nonimmigrant seeking an extension or change of status.
- Check Form I-130 instead when you are filing an immigrant visa or adjustment of status application.
Form selector
Use this form or another form?
Applying for an immigrant visa or adjustment of status
I‑539 cannot be used for immigrant or adjustment cases
✓ Verify the I‑130 is pending before proceeding
Seeking extension of T‑1 status based on filing Form I-485
Extension is automatic when I‑485 is filed
✓ Confirm the I‑485 receipt is attached
L‑1 principal seeking extension or change of status
I‑539 is not permitted for L‑1 principals; employer must file I‑129
✓ Ensure employer has submitted the I‑129
Deadline or filing window
Not stated in the official source.
Checklist
What you need before filling it out
H worker – Receipt Notice
Copy of Form I-797 Receipt Notice · Employer's filing records
H worker – I-94
Front and back copy of most recent Form I-94 · Travel documents
L intracompany transferee – Approval Notice
Copy of Form I-797 Approval Notice · USCIS approval notice
O nonimmigrant – Relationship evidence
Birth or marriage certificate plus proof of prior marriage termination · Vital records
T nonimmigrant – Exceptional circumstances
Medical records, police or court records, news articles, affidavits · Personal file or supporting agencies
Before you submit
- 1Complete all required parts of Form I-539
- 2Attach the appropriate Form I-797 receipt or approval notice for your category
- 3Include a clear copy of your current Form I-94 (front and back)
- 4Provide any required relationship documents (e.g., birth or marriage certificates)
- 5Add evidence of exceptional circumstances if applicable
- 6Pay the filing fee and retain the payment receipt
- 7Sign and date the form in the designated signature field
- 8Mail the complete packet to the correct USCIS address
How to file this form
- 1Gather all required documents and supporting evidence
- 2Fill out Form I-539 and any supplemental form (e.g., Form I-539A for a child)
- 3Pay the filing fee and keep the receipt as proof of payment
- 4Package the form, evidence, and fee receipt and mail to the USCIS filing address
- 5Retain a complete copy of the submitted package for your records
Known limitations
- 1Cannot be used by H‑1B, H‑2A, H‑2B, or H‑3 nonimmigrants for extension or change of status
- 2O‑1, O‑2, and R‑1 workers cannot request extensions or status changes with this form
- 3L‑1 principals are ineligible; only L‑2 dependents may use the form
- 4T nonimmigrants cannot apply for or change to T status with this form
Field map
Compact field-by-field guide
Part 1
5 items
Your name as on your passport.
MM/DD/YYYY
Country of birth and current passport citizenship.
The 11-digit admission number from your most recent I-94 (Arrival/Departure Record).
Your current visa classification (B-2, F-1, J-1, etc.) and the date your status expires.
Part 2
2 items
Extension of stay (same status) or change of status (to different classification).
Explain why you need more time or a different status. Be specific and truthful.
Signature
1 items
Must be signed by the applicant.
Almost done reviewing the fields?
Fillable formOpen in Editor->The instructions show a revision date of 08/28/24 and indicate this is the current edition; no changes are noted beyond the listed expiration of 03/31/2027.
What changed or needs a fresh check
- Edition date — confirm the revision date reads 08/28/24 on the form
- Fee — Not stated in the official source — verify on the agency site
- Mailing address — Not stated in the official source — verify on the agency site
- Signature — confirm the applicant signs and dates the form before mailing
Quick Facts
Downloads
After you file
- 1Keep the USCIS receipt notice (Form I-797C) for your records
- 2Monitor case status online using the receipt number
- 3Respond promptly to any Requests for Evidence (RFE) received
- 4If an error is discovered, file Form I-539R to request a correction
- 5Store all submission documents for at least five years
Sources
- SRCInstructions p.1 — purpose of Form I-539 described as extension or change of status for listed nonimmigrants
- SRCInstructions p.5 — H‑1B, H‑2A, H‑2B, H‑3 cannot use Form I-539 for extension or change
- SRCInstructions p.7 — L‑1 principals cannot use Form I-539; dependents must use L‑2 on this form
- SRCInstructions p.8 — O‑1 and O‑2 principals may not use Form I-539 to request an extension
- SRCInstructions p.8 — R‑1 workers may not use Form I-539 to request status or extension
- SRCInstructions p.9 — T nonimmigrants cannot use Form I-539; extensions may be automatic with Form I-485
- SRCInstructions p.12 — pending Form I-130 indicates an immigrant visa or adjustment of status case
- SRCNot stated in the official source — verify on the agency site
Common confusion points
Can I use I-539 for an H‑1B extension?
The instructions explicitly prohibit H‑1B extensions with I‑539.
→ Verify that the employer files Form I-129 instead
Do I need to file I-539 for a T‑1 extension?
T‑1 extensions are automatic when Form I-485 is filed.
→ Confirm an I‑485 receipt is attached before filing
What if I am a L‑1 principal?
I‑539 cannot be used for L‑1 principals.
→ Ensure the employer files Form I‑129 for the L‑1 principal
Do I need to submit a copy of my I-94 for O‑1 workers?
O‑1 principals are not eligible for I‑539 at all.
→ Check that the worker’s status is not O‑1 before proceeding
Is a marriage certificate required for an L‑2 dependent?
Evidence of relationship (birth or marriage certificate) is required for dependents.
→ Verify the correct relationship document is included
Do I have to include a fee payment receipt?
All USCIS forms require a filing fee unless exempt.
→ Confirm the fee receipt is attached
Workflow map
Related forms and next steps
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Questions about USCIS Form I-539
What is USCIS Form I-539 used for?
Form I-539 lets you ask USCIS to lengthen the time you can stay in the U.S. or to switch to a different visa category. You fill it out, attach any required notices, and sign it before sending it in.
Who must file USCIS Form I-539?
Any nonimmigrant who is physically present in the United States and wants to extend their stay or change to another nonimmigrant category must file USCIS Form I-539.
What information does USCIS Form I-539 require?
The form collects the applicant’s current status, the requested extension or change, and requires a signed Form I-539A for each additional person, with a signature in Part 7.
How do I complete USCIS Form I-539?
Complete the main Form I-539, then prepare a separate Form I-539A for every co‑applicant and have each sign (or a parent/guardian sign for children under 14). Attach any required documents like the Form I‑797 approval notice for H or TN workers, or evidence for M‑1 reinstatement. Sign the declaration in Part 7 and, if someone else prepared the form, have the preparer sign the Preparer’s Signature section. Submit the package to USCIS.
What happens if USCIS Form I-539 is filed incorrectly?
Submitting Form I-539 for a status that cannot be extended with this form, such as H‑1B, H‑2A, H‑2B, H‑3, TN, or T, leads to denial of the request.
Can I use I-539 for an H‑1B extension?
The instructions explicitly prohibit H‑1B extensions with I‑539. Verify that the employer files Form I-129 instead
Do I need to file I-539 for a T‑1 extension?
T‑1 extensions are automatic when Form I-485 is filed. Confirm an I‑485 receipt is attached before filing
What if I am a L‑1 principal?
I‑539 cannot be used for L‑1 principals. Ensure the employer files Form I‑129 for the L‑1 principal
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