What is Form I-539?
Form I-539 is an Application to Extend/Change Nonimmigration Status from the United States Citizenship and Immigration Services (USCIS). Applicants submit I-539 in order to change their immigration classification or to extend their current status. While applicants can change their immigration classification, the new status must be an non-immigrat visa status. To change your status to a permanent resident, you must file Form I-485 to obtain a green card.
In this section, we will explain two use case for filing Form I-539 to the USCIS.
Applicants extending the stay
Not every non-immigrant visa type can be extended. For foreign nationals who entered the U.S. with a non-immigrant visas, the type of visa will determine if you can request for extension. Below is the list of nonimmigrant visas that can be extended. For these, file I-539 form to request an extension:
- A visa
- A-3 visa
- B visa
- CW-1 visa holder dependents
- E visa holder dependents
- F visa holders and their dependents
- G visa
- G-5 visa
- H dependents
- K-3 visa holders and minor children
- K-4 visa holders
- L dependents
- M visa holders and their dependents
- N visa
- NATO-7
- O visa holder dependents
- P visa holder dependents
- R visa holder dependents
- TD dependents of TN visa holders
Below is the list of non-immigrant visas that cannot be extended. For visa holders of this category must not stay beyond the date specified in Form I-94.
- C visa holder
- D visa holder
- K-1 visa holder
- K-2 visa holder
- K-3 visa holder
- K-4 visa holder
- S visa holder
- TWOV visa holder
- WT visa holder
- WB visa holder
There are two visa types with special restrictions in changing their status. For J-1 visa holders, they are subject to 2 year foreign residence. For M-1 visa holders, they cannot transition to F-1 visa or any H visa they went to vocational school for.
Applicants changing their visa status
Non-immigrant visa holders can request visa status change to three categories: 1) Temporary non-immigrant worker, 2) Dependent of a temporary non-immigrant worker, and 3) Student. In each case, applicants must accompany the request with supporting documents and forms. Instruction below specifies required documents for each category.
- Temporary non-immigrant worker
- Required form: I-129; I-539 is not required for this transition
- Dependent of a temporary non-immigrant worker
- Required form: I-539
- Student
- Required form: I-539 accompanied by Form I-20 for F status or Form DS-2019 for J status. Note this process can take up to 6 months.
What are I-539 Instructions?
Depending on the applicant’s status, there are special I-539 instructions. See below for visa type instructions.
Commonwealth of Northern Mariana Islands (CNMI) Residents
- Applicants should follow the Initial Grant of Status Guidance
- Applicants should use CNMI Post Office Box as your address
- Applicants submit their package to the California Service Center
B Nonimmigrant Extension
- Applicants must complete Form M-752
B1 or B2 Nonimmigrants
- Applicants must follow special instructions if they wish to enroll in school
K-3/4 Nonimmigrants
- Applicants must complete form I-539 to extend your status while waiting on a green card
- Applicants may complete form I-765 with Form I-539.
- Applicants may travel outside of the United States and be readmitted as a K-3/4, if you have a valid passport and K-3/4 visa.
V Nonimmigrants
- Applicants must complete Form I-539 Supplement A
- Applicants may complete form I-765 with Form I-539.
- Applicants may travel outside of the U.S. and be readmitted as a V nonimmigrant, if you have a valid passport and obtain a V visa from the Department of State.
What is Filing Fee for Form I-539?
For nonimmigrant visa holders filing I-539, filing fee may vary on the status. Applicants must pay the full amount at the time of filing. Paying the wrong fee amount may lead to a rejection.
Visa Type |
Filing Fee |
Biometric Services Fee |
V Nonimmigrants |
$370 |
$85 |
CNMI initial grant of status |
$370 |
$85 |
A1, A2, A3, G1, G2, G3, G4, G5 |
Free |
Free |
All other filing types |
$370 |
Free |
Also, applicants under circumstances can file a fee waiver form (I-912) to waive the filing and biometric fees. An example of valid circumstance is an individual living at or below 150% of federal poverty guidelines. Please note if you are filing under DACA, you cannot waive the fees.