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I-539, Application to Extend/Change Nonimmigrant Status

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ALERT: On Jan. 31, 2024, we published a  final rule in the Federal Register that adjusts the fees required for most immigration applications and petitions. The new fees will be effective April 1, 2024.

Applications and petitions postmarked on or after April 1, 2024, must include the new fees or we will not accept them.

What to Know About Sending Us Your Form

The new filing fee is effective for filings postmarked April 1, 2024, and later. If you are filing an acceptable prior form edition on or after April 1, 2024, you must include the new filing fee.

ALERT: Beginning Oct. 1, 2023, we are exempting the $85 biometric services fee for Form I-539, Application to Extend/Change Nonimmigrant Status. You do not need to pay the biometric services fee if your application is postmarked Oct. 1, 2023, or later.

If you mistakenly submit the biometric services fee and your payment is submitted separately from the Form I-539 fee, we will return the biometric services fee and accept the Form I-539. If you mistakenly submit the biometric services fee and the payment is combined with a paper-based Form I-539 filing fee, we consider this an incorrect filing and we will reject the Form I-539. If you mistakenly authorize a credit card payment that combines the biometric services fee with the application fee, we will accept the application, and only charge the application fee.

For more information, please see our web alert.

ALERT: As of April 1, 2022, we will no longer accept a single, combined fee payment when filing Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for Employment Authorization; or Form I-824, Application for Action on an Approved Application or Petition, together with a Form I-129, Petition for a Nonimmigrant Worker.

As of April 1, 2022, we will no longer accept a single, combined fee payment when filing Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for Employment Authorization; or Form I-824, Application for Action on an Approved Application or Petition, together with a Form I-129, Petition for a Nonimmigrant Worker.

Separate payments are required for each of these forms. If the payments for these forms are combined, we will reject the entire package.

We are transitioning to electronically processing immigration benefit requests. As we complete this transition, we will be using multiple systems to receive and process various types of immigration benefit requests. Because the Form I-129 and related applications are not all processed in the same system, we require a separate payment instrument for each of these forms.

We acknowledge that using multiple checks or payments for the Form I-129 and related applications is more burdensome than using one payment. We are always analyzing our forms, practices, and policies to streamline filing and reduce, minimize, and control burdens to submit requests. However, we believe that the advantages of electronic processing to both the agency and to the public outweigh the minor inconvenience of submitting individual fee payments.

ALERT: USCIS published a policy manual update that affects language relating to F-1 students on Page 4 of the Form I-539 instructions. Effective July 20, 2021, this update replaces the policy as stated in the form instructions. USCIS is in the process of revising form instructions to reflect the changes made by this policy update. Any revisions to the form instructions will be made in accordance with the Paperwork Reduction Act.

Please bring your application support center (ASC) appointment notice (Form I-797C) to your scheduled biometrics appointment.

If you filed multiple I-539 applications and received multiple ASC appointment notices, please bring all notices to your first scheduled appointment at the specified ASC.

If you do not bring all of your ASC appointment notices to your first biometrics appointment, we may not be able to associate you with all of your pending ASC appointment notices for your filed I-539 applications and you must attend all subsequent ASC biometrics appointments or risk possible denial of your other Form I-539 applications due to abandonment. See 8 CFR 103.2 (b)(13)(ii).

The following groups use this form:

• Certain nonimmigrants extending their stay or changing to another nonimmigrant status;
• Commonwealth of the Northern Mariana Islands (CNMI) residents applying for an initial grant of status;
• F and M nonimmigrants applying for reinstatement; and,
• Persons seeking V nonimmigrant status or an extension of stay as a V nonimmigrant.

You must carefully review the Form I-539 filing instructions (PDF, 372.2 KB) before submitting your request to ensure you are filing your request for an extension or change of status using the proper form.

Requests for extension of stay in, or change of status to, certain employment-based classifications must be filed using Form I-129, Petition for a Nonimmigrant Worker , rather than Form I-539.

You must NOT file Form I-539 to request an extension of stay in, or change of status to, any of the following classifications:

• E-1 principal treaty traders and E-1 principal employees of a treaty trader
• E-2 principal treaty investors and E-2 principal employees of a treaty investor
• E-2 CNMI principal investors
• E-3 principal specialty occupation workers from Australia  [NOTE: Eligible dependents of family members of E principal nonimmigrants must file the Form I-539 to extend their stay or change their status unless they are seeking to change to a status listed here, in which case, they may NOT use the Form I-539.]
• H-1B, H-1B1, H-2A, H-2B, and H-3 nonimmigrants
• L-1 nonimmigrants
• O-1 and O-2 nonimmigrants
• P-1, P-2, P-3, P-1S, P-2S, or P-3S nonimmigrants
• Q-1 nonimmigrants
• R-1 nonimmigrants
• TN-1 and TN-2 nonimmigrants

IMPORTANT NOTE: Filing your request on the wrong form may result in the rejection or denial of your case. USCIS will not refund your filing fees if your case is denied.

Form Details

Form I-539 (PDF, 490.6 KB)

Instructions for Form I-539 (PDF, 372.2 KB)

Form I-539A (PDF, 385.34 KB)

Instructions for Form I-539A (PDF, 225.12 KB)

Form M-752, Helpful Filing Tips for Form I-539 (PDF, 99.23 KB)

04/01/24 . Starting June 3, 2024, we will accept only the 04/01/24 edition. Until then, you can also use 05/31/22 and 12/08/21 editions. You can find the edition date at the bottom of the page on the form and instructions. The new filing fee is effective for filings postmarked April 1, 2024, and later. If you are filing an acceptable prior form edition, you must include the new filing fee.

Dates are listed in mm/dd/yy format.

If you complete and print this form to mail it, make sure that the form edition date and page numbers are visible at the bottom of all pages and that all pages are from the same form edition. If any of the form’s pages are missing or are from a different form edition, we may reject your form.

If you need help downloading and printing forms, read our instructions . 

For a complete list of mailing addresses, visit our  Form I-539 Direct Filing Addresses  page.

Nonimmigrant visas are issued to foreign nationals who intend to remain in the United States for a temporary (less than permanent) period. The period varies for different nonimmigrant categories. We understand that plans can change. If your original reason for coming to the United States changes, you may be eligible to extend your status or you may be required to change your nonimmigrant status to a different one before you lawfully begin to engage in the activities you want to pursue. 

You may apply to extend or change your status in the United States if you: 

• Were lawfully admitted into the United States as a nonimmigrant; 
• You have not committed any act that would make you ineligible to receive an immigration benefit; 
• There is no other factor that requires you to depart the United States prior to making a reentry based on a different classification (for example, a USCIS officer may determine that you should obtain a new visa prior to being readmitted into the United States); and 
• You submit your Form I-539 application for an extension or change of status by mail or you can file online before the expiration date as shown on the admission stamp in your travel document on your Form I-94, Arrival-Departure Record. (There are certain very limited circumstances under which USCIS will excuse a late submission.)

Please note that some nonimmigrant visa categories are not eligible to extend or change status (C, D, K-1, K-2, S, TWOV, WT, and WB) and some can only change or extend status subject to certain restrictions (J-1 and M-1). For further guidance, please refer to the filing instructions for Form I-539. 

If you are eligible to file an I-539 application, you must apply 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 Form I-539 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 circumstances 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.

Your passport must be valid for your entire requested period of stay in the new nonimmigrant classification in the United States.

If your status expired before you filed Form I-539 with USCIS to change or extend your status, or if you have otherwise violated the terms of your status (such as by working without authorization), then you are “out of status.” If you fall out of status, we cannot change your status except in certain limited circumstances beyond your control. Staying longer than the period for which you were granted admission may also negatively affect your ability to obtain other benefits or to return to the United States later. If you fall out of status, we recommend that you leave the United States to limit the possible impact on your ability to come back to the United States in the future.  

You can find the filing fee for Form I-539 by visiting our Fee Schedule page.  

The fee is effective for filings postmarked April 1, 2024, and later. 

You can pay the fee with a money order, personal check, cashier’s check, or  pay by credit card  or debit card using  Form G-1450, Authorization for Credit Card Transactions . If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.

When you send a payment, you agree to pay for a government service. Filing fees are final and non-refundable, regardless of any action we take on your application, petition, or request, or if you withdraw your request.   If you pay by credit card or debit card, you cannot later dispute the payment. Use our  Fee Calculator  to help determine your fee.

If you are submitting multiple forms, pay each filing fee separately. We are transitioning to electronically processing immigration benefit requests, which requires us to use multiple systems to process your package. We may reject your entire package if you submit a single, combined payment for multiple forms. 

View the  checklist  of required initial evidence.

Filing Tips for Form I-539, Application to Extend/Change Nonimmigrant Status

Complete all sections of the form. We will reject the form if these fields are missing:

• Family Name
• Mailing Address
• Date of Birth
• Current nonimmigrant status
• 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.

Filing Tips for Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status

Filing Tips:  Review our  Tips for Filing Forms by Mail  page for information on how to ensure we will accept your form.

Don’t forget to sign your form.  We will reject any unsigned form.

E-Notification : If you want to receive an e-mail and/or text message that we have accepted your form at a USCIS lockbox, complete  Form G-1145, E-Notification of Application/Petition Acceptance , and clip it to the first page of your form.

Filing Information

• Filing Addresses for Form I-539, Application to Extend/Change Nonimmigrant Status
• Grants of Status
• Changing to a Nonimmigrant F or M Student Status
• Form I-94, Arrival/Departure Record, Information for Completing USCIS Forms 
• I-94 Fact Sheet (PDF)
• I-94 Expiration Dates (PDF) 

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How to apply for or renew a U.S. tourist visa

If you visit the U.S. for tourism or business, you may need a visitor visa, also known as a tourist visa. Learn how to get and renew this type of nonimmigrant visa.

To enter the U.S., you must bring a passport issued by your country of citizenship along with your visa. Officials at your port of entry into the U.S. will also issue you a Form I-94, which electronically records your arrival and departure dates. Learn more about Form I-94 and how to apply .

Find out if you need a visa to visit the U.S.

Check to see if your country participates in the U.S. Visa Waiver Program (VWP) . If it does, you can get a waiver and will not need a visa. If you do not see your country listed, you will need a visitor visa.

Visitor (tourist) visa

The visitor visa, also known as a tourist visa, is a type of nonimmigrant visa for people who wish to temporarily enter the U.S. There are two categories:

• B-1 for business travel
• B-2 for tourism and medical treatment

Learn about B-1 and B-2 visas , including:

• Reasons you would need each type of visitor visa
• How to apply
• What documents you will need
• Application fees
• How to prepare for your interview at your U.S. embassy or consulate

How to renew a visitor visa

You must renew your visitor visa at a U.S. embassy or consulate abroad. Only diplomatic visa holders and their dependents can renew their visas within the U.S.

The process to renew a visitor visa is the same as getting one for the first time. Follow the process to apply for a visitor visa from the Department of State.

Find the contact information for your nearest U.S. embassy or consulate and contact them for visa renewal information.

LAST UPDATED: December 6, 2023

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        Frequently Asked Questions

Q:  What are the benefits of the visa validity extension?  

U.S. and Chinese citizens who regularly travel back and forth between the U.S. and China will benefit from the longer validity by not having to apply and pay the application fee every year.  Businesses in both countries, including the tourism industry, will benefit from increased travel, investment, and business development opportunities between the two countries.  Longer visa validity will allow students and exchange visitors to return to their home countries during school and work holidays more easily.  

Q:  Will these changes in visa validity affect fees?

There will be no change in visa application fees.  The basic visa fee of 160 USD includes appointment scheduling and passport delivery services.  Visa information is available free both online at www.ustraveldocs.com and through the Call Center.  Fees can be paid by debit card online, at any CITIC ATM, or in cash at a CITIC branch.  Applicants can pick up their passports at any of 800 CITIC bank branches.  

Q:  Will these changes affect processing times?

We expect that these changes in visa validity will be very popular among Chinese travelers. The U.S. Mission in China is taking steps to handle a potential increase in visa workload and intends to keep visa processing times as short as they have been over the past several years.  

Q:  Will changes in visa validity have any effect on visa eligibility?

The same standards of eligibility for a U.S. visa will apply as before this extension in validity.  

Q:  Will applicants with previous visas still be eligible to apply for visa renewal via the Interview Waiver Program?

The Interview Waiver Program (IWP) remains a valuable tool to many visa holders who wish to renew visas.  A great majority of current tourist, business visitor, student, and exchange visitor nonimmigrant visa holders will remain eligible for IWP processing.   More information on IWP processing can be found at www.ustraveldocs.com . 

Q:  Will these changes in visa validity affect visa applications subject to administrative processing?

Changes in visa validity will not change the requirement that some applications will need additional administrative processing.  As is true in all visa cases, when administrative processing is required, visa validity may vary based on individual circumstances of each case. Visa applicants are reminded to apply early for their visa, well in advance of the anticipated travel date.

Q:  Will the increased visa validity allow me to stay longer in the United States?

It is important to note that visa validity is NOT the same as the allowed duration of stay.  A visa allows a foreign citizen to travel to a U.S. port of entry where a Customs and Border Protection officer will grant admission to valid travelers.  In doing so, the officer will inform the traveler of the permitted length of stay.    The current change in visa validity does NOT change the permitted duration of stay for any visa class.  Remaining in the United States beyond your allowed duration of stay can result in a violation of U.S. immigration laws and may cause you to be ineligible for travel to the United States in the future.  

Q:  When is the right time to apply for this longer-validity visa?

The up-to ten-year validity visa is not a temporary offer, but represents a long-term reciprocal commitment.  While an applicant should generally apply well in advance of their anticipated travel date, an individual with a currently valid visa or with no current travel plan should not rush to apply.  

Q:  If the visa currently in my passport has one year validity, does it now have a longer validity?  

Existing visas will be valid only until the expiration date printed on the current visa.  This extension does NOT increase the validity of visas already issued.  To obtain a visa with extended validity, holders of valid or recently-expired visas will need to apply again.  Please note that many visa applicants are eligible for the Interview Waiver Program under which an interview may not be required; more information on IWP processing can be found at www.ustraveldocs.com . 

Q:  Will U.S. citizens receive ten-year tourism and business visitor visas in China?  

Because this is a reciprocal arrangement, the Chinese government is committed to issuing visas valid for up to the same duration.

Q:  What happens if U.S. citizens aren’t issued ten-year tourist visas?  Will anything change for Chinese nationals?  

The arrangement is based on reciprocity.  Chinese nationals will be afforded the same maximum validity for B-category visas as U.S. citizens are afforded when applying for an equivalent visa category.  

Q:  When will other classifications of visas have longer validity?  Why don’t other classifications of visas have long validity?

The United States and China continue to discuss visa validity for other classes of visas.  All such decisions are made on a reciprocal basis.  At the same time, it is important to note that in FY2014, business, tourist, student, and exchange visitor visas represented 97 percent of all nonimmigrant visa applications processed in China for Chinese citizens.  

Q: Will dependent family members of students and exchange visitors also be eligible for these increases in visa validity?

Yes, all qualified dependent family members of students and exchange visitors will be eligible for these same increases in visa validity.

Q: Can I apply for a ten-year visa if I am a Chinese national living in a country other than China?

Yes, maximum visa validity is determined by the reciprocity arrangement with the country that issued your passport and not the country in which you apply.  

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