What is I-539 form used for?

Form I-539, formally titled the Application to Extend/Change Nonimmigrant Status, is filed with U.S. Citizenship and Immigration Services (USCIS) when a noncitizen in the United States seeks to extend an existing nonimmigrant stay or change to a different nonimmigrant classification.

The I539 form is commonly used by tourists, students, and dependents of work visa holders. It’s important to submit the I539 while you’re still lawfully present in the U.S.—filing after your visa or status has already expired may have serious legal consequences, including deportation and becoming ineligible to re-enter the United States for up to 10 years. However, there are some special circumstances where failure to file can be excused. For more information on such special circumstances, please reach out for a consultation.

Common Use Cases of Form I539

Some of the most common reasons people file Form I539 include:

• Tourist visa holders (B2 visa) who want to stay longer for personal reasons, such as visiting family or receiving medical treatment.
• Business visitors (B1 visa) who need more time to complete professional activities.
• F1 or M1 visa students who need to reinstate their status after a violation (like missing school).
• Dependents on H4, L2, or L3 visas, who need to extend their stay or change their status in line with the primary visa holder.
• Individuals seeking to change to a different status, such as from B2 to F1 to begin studying.

Who Should File I539

Form I539 should be filed by anyone in the U.S. on a temporary visa who wants to extend their legal stay or switch to another qualifying nonimmigrant status.

You should consider filing Form I539 if:

• You’re in the U.S. on a temporary (nonimmigrant) visa and want to stay longer.
• You are a dependent spouse or child (on an H-4, L-2, F-2 visa, etc.) and need to extend or change your status.
• You are changing to a different visa status, such as: B2 to F1 (tourist to student); F2 to F1 (dependent to primary student); H4 to B2 (dependent to tourist, temporarily)

A timely filed I539 form helps you stay in legal status while you wait for your new classification or extension decision.

Who Shouldn’t File I539

Not everyone is eligible to use Form I539. You should not file this form if:

• You entered the U.S. under the Visa Waiver Program (ESTA)—these entries can’t be extended or changed unless under certain rare exceptions.
• You’re changing to a work-based visa as the primary applicant—those use different forms (like Form I-129).
• You’re seeking asylum or permanent residency (green card).
• You’ve already been ordered removed or deported from the US.

Note: If you are changing from a work visa to a non-work visa, you must use Form I-539. Example: An H-1B worker who is laid off and switches to an F-1 student visa to stay in the U.S. would file Form I-539.

In contrast, Form I-129 is used only for applying for or extending work visas (such as H-1B, L-1, O-1, etc.).

Still unsure if you should file Form I539? Reach out to us at Keller Law and request a consultation with an immigration attorney.

Eligibility Requirements for Form I539

To be eligible to file Form I-539, you must be lawfully present in the United States and maintaining valid nonimmigrant status at the time of filing, and meet all of the following requirements:

• Be physically present in the U.S. at the time of filing.
• Be in valid nonimmigrant status.
• Have not violated the terms of your visa (e.g., working without authorization, overstaying).
• Have a temporary, legal reason for extending your stay or changing status.
• Be able to financially support yourself (and your dependents, if applicable) during the requested period.

Documents to Include with Form I539

To support your I539 application, you’ll usually need to submit:

• Copy of your passport biographic page
• Copy of your current visa (if applicable)
• Copy of your most recent I-94 record
• Proof of current status (e.g., I-20 for F-1, DS-2019 for J-1, etc.)
• Proof of financial support (bank statements, sponsor letter, etc.)
• A written statement explaining why you need an extension or change of status
• Any required supplemental forms or evidence for your requested classification

Form I539 Filing Fee

The filing fee for Form I-539 depends on how you file and what category you are filing under. USCIS also updates fees periodically, so always verify current fees before submitting.

Standard Filing Fees

For standard extension or change-of-status requests—such as transitioning from B-2 to F-1 status or requesting an H-4 extension—the filing fee depends on whether the application is submitted online or by mail.:

For the following categories, there is no fee for filing Form I-539:

Important: Applicants filing under certain humanitarian, diplomatic, or special eligibility categories may be subject to additional review. USCIS may request further documentation to confirm eligibility, lawful status, or compliance with the conditions of the underlying visa classification.

Make sure to double check the USCIS Fee Schedule page for the most up to date I539 filing fee.

When should you file Form I539?

USCIS recommends filing the I539 form at least 30–60 days before your I-94 expiration date whenever possible.

Filing before your authorized stay expires helps reduce the risk of falling out of status and can protect you while USCIS processes your application.

I539 Processing Time

Processing times vary by USCIS service center and case complexity. Missing documents or requests for evidence can significantly delay a decision.

As of FY 2025, the median processing time for I-530 is about 2.6 months, but complex cases or missing documents can cause delays.

How to Complete the I539 Form

Here’s a general step-by-step overview of how to file Form I539:

1. Set up a USCIS online account (if filing online).
2. Complete the online application or fill out the paper form carefully and consistently.
3. Upload or attach supporting documents (passport, I-94, proof of status, financial evidence, etc.).
4. Pay the filing fee (if required).
5. Submit the application and keep confirmation/receipt records.
6. Attend biometrics appointment if USCIS schedules one.
7. Respond promptly to any Requests for Evidence (RFEs) if issued.
8. Track your case status and keep proof of timely filing and lawful presence.

What happens if I-539 is approved?

If USCIS approves your I-539, you will either receive an extension of your current status or an approval of your requested change of status (depending on what you filed for).

• If you requested an extension, your authorized stay is extended through the new end date USCIS grants.
• If you requested a change of status, you’re generally allowed to remain in the U.S. under the new classification (subject to its rules and restrictions).

Take the First Step:

If you need help filing Form I-539—or aren’t sure whether you qualify—getting legal guidance early can help you avoid costly mistakes.

Reach out to schedule a consultation and get clarity on the right filing strategy for your situation.