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

M-579B (May 2016) N

I am a

nonimmigrant C1

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

M-579B (May 2016) N

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 SecondPreference 

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/i539. 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 
3 C1—I am a nonimmigrant...How do I extend my nonimmigrant stay in the United States?

M-579B (May 2016) N

expired or is about to expire?

• If your stay as shown on your Form I-94, ArrivalDeparture 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
4 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.