You may apply to extend your employee’s stay if: 

• Your employee was lawfully admitted into the United States with a nonimmigrant visa, 

• Your employee’s nonimmigrant visa status remains valid, 

• Your employee has not committed any crimes that make him/her ineligible for a visa,

• Your employee has not violated the conditions of his/her admission and

• Your employee’s passport is valid and will remain valid for the duration of his/her stay.

You may not apply to extend your employee’s stay if he/she was admitted to the United States in the following categories:

• Visa Waiver Program,

• Crew member (D nonimmigrant visa),

• In transit through the United States (C nonimmigrant visa),

• In transit through the United States without a visa (TWOV),

• Fiancé of a U.S. citizen or dependent of a fiancé (K nonimmigrant visa) or

• Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa).

If your employee remains in the United States longer than authorized, he/she may be barred from returning and/or your employee may be removed (deported) from the United States.

Check the date in the lower right-hand corner of your employee’s Form I-94, Arrival-Departure Record, to determine the date your employee’s authorized stay expires. We recommend that you apply to extend your employee’s stay at least 45 days before his/her authorized stay expires.

If the original I-94 cannot be submitted with this application, include Form I-102.

Application procedures for an extension of stay depend on your employee’s nonimmigrant status. If your employee is in one of the following employment-related categories:

• 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) or

• TN-1 or TN-2 (Canadians and Mexicans under the North American Free Trade Agreement (NAFTA)).

Then you should:

• Complete the Form I-129, Petition for a Nonimmigrant Worker, before the date your employee’s Form I-94 expires.

• Submit Evidence. Collect the necessary documents to show your employee’s eligibility. Refer to Form I-129 instructions for further details.

• Submit the Filing Fees. Include the appropriate filing fee with the petition (including the biometrics fee if applicable).

• Sign and File the Form I-129. File the petition at the correct filing location (USCIS Service Center, designated Lockbox or electronically, when e-filing is made available) according to form instructions.

Each of the above categories has specific requirements and limits, including limits on the length of stay in this country. For more information, contact qualified immigration counsel.

Note: If you file a Form I-129, Petition for a Nonimmigrant Worker, to extend your employee’s stay, and his/her spouse or unmarried children under the 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 that they are separate applications. Therefore, you, your employee and his/her family members must follow the instructions and attach all supporting documents with each application, even when filing the forms together.

Filing Paper-based Form I-539

Once USCIS receives your employee’s Form I-539, we will process your application and then your employee will receive:

• A receipt notice of his/her Form I-539, Application to Extend/Change Nonimmigrant Status and

• A notice of a decision in writing.

This receipt will provide a number assigned to track your employee’s application, as well as the estimated processing time. The receipt will also give instructions on how your employee can use this receipt number to check the status of his/her case on our website.

You can also use the general information available in the How Do I guide, How Do I Know What Services Are Available After I File?

Filing Form I-539 online using USCIS ELIS

When your employee files using USCIS ELIS, he/she creates an account. Your employee can log back into his/her account at any time to view the status of his/her case. Your employee is also able to use his/her receipt number to check the status of his/her case on our website.

I-539, Application to Extend/Change Nonimmigrant Status, $370 filing fee

Biometric fee may apply, $85 (for certain extensions)

Form I-129, Petition for a Nonimmigrant Worker, $460 filing fee