Extension of Status

Overview

An extension of stay in the U.S. lets you remain longer in the same nonimmigrant status you already hold, such as B-1, B-2 or E-2. Instead of leaving and coming back, you ask U.S. Citizenship and Immigration Services (USCIS) for more time while you are still here.

Visitors in B-1 or B-2 status generally use Form I-539, Application to Extend/Change Nonimmigrant Status. E-2 treaty investors and employees usually extend through Form I-129 with the E-1/E-2 Classification Supplement, filed by the E-2 company, while their spouse and children use Form I-539. Visitors who entered under ESTA or the Visa Waiver Program cannot extend their stay this way.

The most important rule is timing: the request should reach USCIS before the authorized stay shown on your I-94 record expires. You also need to show that you have kept your status, that your reason for staying is legitimate and, for visitors, that the stay is temporary and you can support yourself. An extension is never automatic, so a clear, well-documented application matters.

Who this is for

• Visitors whose family visit, travel or medical care needs more time
• Business visitors whose meetings or projects are running longer than planned
• E-2 investors whose current period of stay is coming to an end
• E-2 employees and dependents who need to stay with the enterprise
• Anyone whose I-94 date is approaching and whose plans have changed

How it works

1. 1

   Check your I-94 date

   We start by confirming the exact date your authorized stay ends and how much time you have to file. This decides how quickly everything needs to move.

2. 2

   Confirm the right form

   Depending on your status, the request goes on Form I-539 or Form I-129 with the E-2 supplement. We review your situation and identify the forms that fit.

3. 3

   Gather your evidence

   We give you a clear checklist covering your purpose, finances and ties abroad, or your business records for E-2. Then we organize what you send us.

4. 4

   Review the package together

   We prepare the forms and a cover letter explaining why you need more time. You review the full package with us before anything is filed.

5. 5

   File and follow up

   The application is filed with USCIS before your stay expires. We keep you updated on receipt notices, any biometrics appointment and requests for evidence.

Choose your application

Documents you'll usually need

• Passport valid for the requested period
• Current I-94 arrival/departure record
• Copy of your visa and entry stamp
• Explanation of why you need more time
• Proof of funds such as bank statements
• Evidence of ties to your home country, like a job, home or family
• Return travel plans, if you have them
• For E-2: company records, tax returns and proof of ongoing business activity

Timing

File as early as reasonably possible and always before your I-94 date passes, because a late request is generally denied unless you can show extraordinary circumstances. Processing can take months, and times and filing fees change regularly. USCIS publishes current processing times and fees on uscis.gov, so check them before you file.

Frequently asked questions

This page is general information about how these applications usually work, not advice for your specific case. USCIS rules, forms and fees change; check uscis.gov for the latest.