If you’re in the U.S. on a temporary visa and need to stay longer or switch to a different nonimmigrant status, the I‑539 form is your path forward. This immigration form allows certain nonimmigrants to apply to extend their stay or change their visa category without having to leave the country.
Whether you’re a tourist who needs more time, a student hoping to begin classes, or a dependent of someone on a work visa, Form I‑539 helps you stay legally in the U.S. However, if you file it too late or incorrectly, you could accidentally fall out of status.
In this guide, we’ll walk you through everything you need to know about the I‑539 form: its purpose, who qualifies, how to complete it, associated costs, processing timelines, and how to avoid common mistakes.
What Is Form I‑539 & When Is It Used?
Form I‑539, officially called Application to Extend/Change Nonimmigrant Status, is used by people in the U.S. who want to stay longer in their current visa category or change to a different one that they’re eligible for.
The timing of this application is critical. If you let your current visa expire before applying, you could risk becoming “out of status,” which can affect future immigration benefits.
Here are some of the most common situations where the I‑539 immigration form is used:
- B‑1/B‑2 visitors requesting extra time for tourism or medical care
- People switching from B‑2 to F‑1 student status
- Dependents of H‑1B or L‑1 visa holders applying for H‑4 or L‑2 status
- J‑1 exchange visitors requesting an extension
- Nonimmigrants asking for reinstatement after unintentionally falling out of status
In each case, filing the form I‑539 correctly and on time can help you stay in the U.S. legally and avoid unnecessary stress.
Who Can File the I‑539 Form?
Primary Nonimmigrants Needing Extension
Visitors on B‑2 tourist visas, students on F‑1, or those on J‑1 exchange visas can file the I‑539 form if they need more time in the U.S. A tourist might need a few extra months for recovery from medical treatment, while a student may need to change status to start school legally.
Dependents of H‑1B, L‑1, E, O‑1, TN Visa Holders
If you’re the spouse or child of someone working in the U.S. on an employment-based visa like H‑1B, L‑1, E‑2, O‑1, or TN, you can use Form I‑539 to apply for a corresponding dependent visa, such as H‑4, L‑2, or E‑2 dependent status. Dependents must be listed on a separate Form I‑539A, unless filing alone.
Special Categories and Reinstatement Cases
You can use the application form I‑539 to change status from one visa type to another, like switching from a B‑2 visitor to an F‑1 student. It’s also the form used to request reinstatement of status, such as when an F‑1 student unintentionally violates the terms of their stay and wants to regain lawful student status.
Who Cannot Use Form I‑539
It’s important to know that the I‑539 immigration form isn’t for everyone. If you’re the primary visa holder of an employment-based status like H‑1B or O‑1, you’ll need to file through your employer using Form I‑129. Also, if you’ve overstayed your visa or violated certain terms, you may not be eligible to apply with Form I‑539.
How to Complete the I‑539 Form & Gather Documents
Filling out the form I‑539 is more than just paperwork; it’s about proving your eligibility and explaining your intent clearly. You’ll need to be thorough and submit all required documents to avoid delays or denials.
Here’s how to prepare your application:
- Form entries: Personal details, current status, purpose of extension or change
Start by completing your personal information accurately: name, date of birth, current immigration status, and passport details. Be specific about why you’re applying. Are you asking to stay longer as a visitor? Hoping to begin school? Switching to a dependent status?
- Supporting documents: Copy of I‑94, passport, current visa, financial evidence, letter explaining reason
USCIS would want to see a copy of your I‑94 Arrival/Departure Record, your valid passport, your current nonimmigrant visa, and financial proof showing you can support yourself. A personal letter explaining your reason for the request can help show good faith and clarify your plans.
- Additional forms: When to include Form I‑539A for dependents
If you’re applying for multiple family members, each person must be listed on Form I‑539A. Everyone’s information needs to be complete and accurate, even for minors. Only one filing fee is required per family unit, but all individuals must be clearly documented.
- Filing fee and biometrics requirement: Current fee amount and when USCIS requires fingerprints
As of July 2025, the total cost includes a $370 filing fee per applicant. The $85 biometrics services fee is no longer required for I-539 applications filed after October 1, 2023. Most applicants will not need to attend a biometrics appointment unless specifically requested by USCIS.
Completing the I‑539 immigration form carefully and attaching all required documents helps avoid delays or denial.
I‑539 Processing Time & Tips
Filing Form I‑539 involves both time and cost considerations. Understanding them can help you set realistic expectations.
Processing times can vary depending on which USCIS service center handles your case. On average, plan to wait anywhere from 4-7 months. Although some centers move faster, others are slower, and delays are common if documents are missing or USCIS has a heavy workload. The best way to track progress is by checking the USCIS case processing times tool online.
Here are a few tips to help keep your application on track:
- File online, when possible, to avoid mailing delays
- If mailing your application, use certified mail or a service with tracking
- Sign up for a USCIS online account to monitor your case
- Double-check your form for signatures, dates, and missing information
Common Mistakes & Reasons for Denial
Many applicants run into trouble with the I‑539 form not because they’re ineligible, but due to simple mistakes. Being careful with your application is the best way to protect your legal status in the U.S.
Here are some of the most common mistakes people make:
- Filing too late: If you submit your application after your I‑94 expires, you’re at risk—unless you can prove truly exceptional circumstances.
- Missing signatures: Every page that requires a signature must be signed, including forms for dependents. USCIS rejects unsigned forms.
- Incomplete forms: Leaving out required answers or skipping supporting documents often leads to delays or formal Requests for Evidence (RFEs).
- Weak financial documentation: You need to show that you can support yourself (and any dependents) while in the U.S. without unauthorized work.
- Vague or unsupported reasons: A simple “I want to stay longer” isn’t enough. Your request needs to match the intent of your visa category.
- Mixed or conflicting intent: For example, trying to switch from a tourist visa to a student visa without a clear academic plan can raise red flags.
Strategic Advice & Summary
Whether you’re asking for more time in the U.S. or applying to change to a different status, Form I‑539 is a tool that can protect your immigration journey if used correctly.
Be strategic. Start early, gather the right documents, and clearly explain why you’re requesting a change or extension. USCIS is looking for clear intent, proper paperwork, and a valid reason. Missing any of those could put your status at risk.
When in doubt, don’t try to figure it all out alone. Visit ImmigrationQuestion.com, where you can ask legal questions and get clear answers within hours. You can also connect with an immigration attorney for professional guidance tailored to your specific case.
Frequently Asked Questions
1. What is Form I‑539 used for?
Form I‑539 is used by certain nonimmigrants in the U.S. to apply for an extension of stay or to change to another nonimmigrant status while remaining in the country.
2. Can I file I‑539 after my I‑94 expires?
You may file after your I‑94 expires only if you can show extraordinary circumstances beyond your control. Otherwise, late filing is not advisable as it can lead to denial and unlawful presence.
3. How long does I‑539 approval typically take?
Processing times vary by service center but generally range from 4-7 months; check USCIS’s processing time tool for the most accurate estimate.
4. Are dependents always required to submit I‑539A?
Yes, dependents included in a joint application must each be listed on a separate Form I‑539A, even if they’re minors.
5. What happens if my I‑539 is denied?
If denied, you may immediately begin accruing unlawful presence, which can affect your ability to remain in or return to the U.S., and you may be required to depart the country.
6. Can I work while my I‑539 is pending?
No, filing Form I‑539 does not provide work authorization unless your underlying or new status explicitly permits employment.
