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Official form guide
Form I-539: Application to Extend or Change Nonimmigrant Status
USCIS Form I-539 is the Application to Extend or Change Nonimmigrant Status, used by nonimmigrants to apply for an extension of stay or status change with USCIS. This form has an expiration date listed as 03/31/2027.
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USCIS Form I-539 - Application to Extend or Change Nonimmigrant Status
USCIS Form I-539 is the Application to Extend or Change Nonimmigrant Status, used by nonimmigrants to apply for an extension of stay or status change with USCIS. This form has an expiration date listed as 03/31/2027.
Risk Radar
Scan points- 1H-1B, H-2A, H-2B, or H-3 nonimmigrants cannot use Form I-539 to request an extension of stay or change of status.
- 2Filing without a separate Form I-539A for each additional applicant.
- 3H-1B, H-2A, H-2B, or H-3 nonimmigrants using the form incorrectly.
- 4Not submitting evidence supporting the reason for an M-1 extension request.
- 5Failing to submit required documentation for a T nonimmigrant status change/extension.
Plain English
This form allows a nonimmigrant person to ask U.S. Citizenship and Immigration Services (USCIS) to either extend their current legal stay in the U.S. or change their status to another type of visa. It can also be used when applying for an initial nonimmigrant status, such as for F-1 or M-1 students seeking reinstatement.
Submission Date
- Filing date: The form must be filed when a nonimmigrant wishes to apply for an extension of stay or a change to another nonimmigrant status. For M-1 students, if out of status for more than five months, filing must occur as promptly as possible under exceptional circumstances.
- 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 nonimmigrant listed in the source who wishes to apply for an extension of stay or a change to another nonimmigrant status; it can also be used for initial status applications or F-1/M-1 reinstatement.
- Do not use Form I-539 when you are an H-1B, H-2A, H-2B, H-3 nonimmigrant requesting an extension of stay or a change into H-1B, H-2A, H-2B, or H-3; do not use it for L-1 principal status or to request an extension of L-1 status.
- Check Form I-539 when you are filing for U nonimmigrant status, as applicants may not use Form I-539 to apply for or change to that status.
Form selector
Use this form or another form?
Dependents of L intracompany transferees
Must use this form to apply for extension/change to L-2 status.
✓ Check the instructions when applying as an L-2 dependent.
O nonimmigrant worker (Principal)
O-1 and O-2 principal workers cannot use this form to request an extension of stay.
✓ Verify your specific O classification before filing.
R religious worker's Dependent
Must submit additional evidence, including relationship proof and the primary worker's documentation.
✓ Ensure all required R-2 dependent documents are included.
Deadline or filing window
The application must be filed when the nonimmigrant wishes to apply for the requested benefit. For M-1 students who have been out of status longer than five months, filing must happen as promptly as possible under exceptional circumstances. There is no specific general deadline stated in the source other than the form's expiration date of 03/31/2027.
Checklist
What you need before filling it out
L intracompany transferee
Copy of I-94 (front and back) OR I-129 Receipt Notice OR I-797 Approval Notice · Form I-539
O nonimmigrant worker
Copy of I-129, I-797 Receipt Notice, or I-94 (front and back) · Form I-539
R religious worker's Dependent
Evidence of Relationship · Form I-539
H temporary worker
Copy of I-797 Approval Notice · Form I-539
U derivative nonimmigrant
N/A (filing independently) · Form I-539
Before you submit
- 1Complete Part 1 by filling in your personal information (including Remarks, Status to/from dates, and USCIS Online Account Number/A-Number if applicable).
- 2Select the appropriate box next to 'Attorney' or 'Accredited Representative' if one is assisting with the Form I-539.
- 3If an attorney or accredited representative completes the form, fill out Part 7 (Contact Information, Declaration, and Signature of the Person Preparing this Application).
- 4Complete Part 6 by filling in the Preparer's Full Name, contact details, and signature if you are not preparing the application yourself.
- 5If an interpreter was used, complete Part 5 by providing their full name, organization/business name, and certification statement.
- 6Ensure all required fields in Part 5 (Applicant's Contact Information) are filled out: Daytime Telephone Number, Mobile Telephone Number (if any), and Email Address (if any).
- 7Sign the application in Section 1 of Part 5, certifying that you understand the information provided under penalty of perjury.
- 8If applying for more than one person, ensure a separate Form I-539A is included for each additional applicant, signed by the co-applicant (or parent/guardian if under age 14).
- 9Verify that the form edition date reads 08/28/24 and the expiration date reads 03/31/2027.
- 10If applicable, include a copy of the Form I-797 Receipt Notice related to an H temporary worker’s pending Form I-129 petition (or front/back of most recent Form I-94).
- 11Confirm that if you are applying for T status, you have not used Form I-539 for this application or change.
How to file this form
- 1Complete all required fields of USCIS Form I-539 and attach any necessary supplemental information on Form I-539A.
- 2Gather evidence documents, ensuring you include proof of relationship if filing as a dependent (e.g., for R workers).
- 3Submit the form to U.S. Citizenship and Immigration Services (USCIS) along with all supporting documentation.
- 4Keep a copy of the completed Form I-539 and all attached evidence for your records.
Known limitations
- 1H-1B, H-2A, H-2B, and H-3 nonimmigrants cannot use Form I-539 to request an extension of stay.
- 2Applicants may not use Form I-539 to request a change of status into H-1B, H-2A, H-2B, or H-3.
- 3R-1 religious workers may not use Form I-539 to request R-1 status or to file for an extension of stay.
- 4Extensions of T nonimmigrant status based on filing Form I-485 do not require filing Form I-539; the status is automatically extended upon Form I-485 filing.
- 5Extensions of U nonimmigrant status based on filing Form I-485 do not require filing Form I-539; the status is automatically extended upon Form I-485 filing.
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 current edition of USCIS Form I-539 has a revision date of 08/28/24, and the instructions booklet is noted as being from that same date.
What changed or needs a fresh check
- Edition date — confirm the revision date reads 08/28/24.
- Form number — confirm the form is USCIS Form I-539 (OMB No. 1615-0003).
- Expiration date — confirm the expiration date reads 03/31/2027.
- Preparer's signature — ensure Part 7 includes a date of signature in mm/dd/yyyy format if someone other than the applicant is preparing it.
Quick Facts
Downloads
After you file
- 1Keep a copy of your filed Form I-539.
- 2Retain proof of filing, such as a receipt notice (Form I-797 Receipt Notice).
- 3If applying for derivative family members outside the U.S., ensure you include full legal name, A-Number, and current address for an amended approval notice to be issued.
- 4Confirm that your application is pending if you are filing it while waiting on an immigrant visa or adjustment of status based on Form I-130.
Sources
- SRCInstructions p.1 — The purpose of Form I-539 is to apply for an extension of stay or a change to another nonimmigrant status.
- SRCInstructions p.2 — A separate Form I-539A must be included for each additional applicant when filing more than one person using the main Form I-539 application.
- SRCInstructions p.5 — H-1B, H-2A, H-2B, and H-3 nonimmigrants cannot use Form I-539 to request an extension of stay or a change of status into those categories.
- SRCInstructions p.8 — R-1 religious workers may not use Form I-539 to request R-1 status or to file for an extension of stay.
- SRCInstructions p.9 — Extensions of T nonimmigrant status based on filing Form I-485 do not require the filing of Form I-539, as it is automatically extended.
- SRCInstructions p.10 — TPS applicants must submit evidence of an approved Form I-821 and a copy of their Form I-94 or approval notice when using Form I-539.
- SRCInstructions p.12 — Applicants must be admissible to the United States, except where grounds of inadmissibility do not apply (INA sections 212(a)(6)(A), 212(a)(7), and 212(a)(9)(B)).
Common confusion points
Do I need to file a separate form for my family members?
Yes, if applying for more than one person using your Form I-539 application.
→ Ensure you include a separate Form I-539A for each additional applicant and sign it.
What is the difference between extending status and changing status on Form I-539?
The form covers both; use it to apply for an extension of stay or a change to another nonimmigrant status.
→ Check if your goal is simply more time in the US (extension) or switching categories (change).
When do H nonimmigrants need to file Form I-539?
They must file unless they are applying for an initial nonimmigrant status, reinstatement (for F-1/M-1 students), or if other specific rules apply.
→ Review the list of classifications to confirm your category.
What evidence is needed if you are requesting an extension based on exceptional circumstances?
Evidence such as an affirmative statement, medical records, police/court records, news articles, correspondence with an embassy/consulate, or affidavits from individuals with direct knowledge.
→ Gather documentation supporting why standard rules do not apply to your case.
Does TPS status change require Form I-539 filing?
Yes, individuals currently in the U.S. with TPS may file Form I-539 to request a change to a different nonimmigrant status.
→ Remember that TPS applicants must also submit evidence of an approved Form I-821 and their current I-94/U status proof.
If my T-1 status is being extended, do derivatives outside the US need anything extra?
Yes, they require full legal name, A-Number, and current address so USCIS can issue them an amended approval notice.
→ Make sure this specific information is included in Part 8 of Form I-539.
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Questions about USCIS Form I-539
What is USCIS Form I-539 used for?
This form allows a nonimmigrant person to ask U.S. Citizenship and Immigration Services (USCIS) to either extend their current legal stay in the U.S. or change their status to another type of visa. It can also be used when applying for an initial nonimmigrant status, such as for F-1 or M-1 students seeking reinstatement.
Who must file USCIS Form I-539?
Nonimmigrants listed on the form may file USCIS Form I-539; this includes individuals granted various classifications like H, I, M, T, U, V, and others. A parent or guardian can sign for a child under 14 years of age.
What information does USCIS Form I-539 require?
The application collects information regarding the applicant's status request, which may include documentation proving past status (like an I-797 Approval Notice) and details in Part 7 on Form I-539 concerning contact information and declarations. Specific fields capture the requested extension or change of nonimmigrant status.
When is USCIS Form I-539 due?
The form must be filed when a nonimmigrant wishes to apply for an extension of stay or a change to another nonimmigrant status. For M-1 students, if out of status for more than five months, filing must occur as promptly as possible under exceptional circumstances.
Where do I file USCIS Form I-539?
The source does not specify a single mailing address or service center; rather, it indicates the form is submitted to U.S. Citizenship and Immigration Services (USCIS).
How do I complete USCIS Form I-539?
The applicant completes the main body of Form I-539, detailing their requested status. If filing for more than one person, a separate Form I-539A must accompany the application for each additional person. Finally, the form requires signatures from the applicant and/or the preparer in Part 7.
What happens if USCIS Form I-539 is filed incorrectly?
If the application is incorrect, the request for extension or change of status may be denied by USCIS.
Do I need to file a separate form for my family members?
Yes, if applying for more than one person using your Form I-539 application. Ensure you include a separate Form I-539A for each additional applicant and sign it.
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