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Instructions for Electronically Filing Form I-539

Please review this page before attempting to complete and file your form electronically. Note that this information may pertain only to forms filed electronically and may not apply to paper-based filings. Failure to follow these instructions may result in your application or petition being delayed or denied.

You will need Adobe Reader to view or print these forms in Portable Document Format (PDF).

Form:

I-539, Application To Extend/Change Nonimmigrant Status

If e-Filing is not the best option for you, please see the "Paper Form I-539" located in the upper right corner of this page under "Related Links" for more information.

Purpose of Form:

Form I-539 may be used by certain nonimmigrants to request an extension of stay or a change of status from one nonimmigrant category to another nonimmigrant category.

Who Is Not Eligible to e-File This Form:

You are not eligible to e-File this form if:

  • You live outside of the United States, or in Guam, Puerto Rico, or the US Virgin Islands.
  • You are applying for a waiver of the filing fee.
  • You are requesting that your case be expedited.
  • You are admitted under the Visa Waiver Program.
  • You fall under the following visa categories:
    • An alien in transit (C) or in transit without a visa (TWOV)
    • A crewman (D)
    • A fiancé(e) or dependent of a fiancé(e) (K)(1) or (K)(2)
    • K-3/4 and V nonimmigrant (LIFE Act)
  • You are requesting a change of status from Q-2 or Q-3 to another nonimmigrant status
  • You are applying for a change of nonimmigrant status to, from, or within, A, G, and NATO classification.
  • You are an A-3, G-5 or NATO-7 requesting an extension of stay.

Who Is Eligible to E-File This Form:

The following chart indicates which nonimmigrant classifications are eligible to e-File I-539 for the purposes indicated.

Nonimmigrant Classification

If Selected as the Current Status and Requesting Extension of Stay (EOS)

If Selected as the Current Status and Requesting Change of Status (COS) to a Different Classification

If Selected as the Desired Classification in a COS

Reinstatement

B-1

x

x

x

 

B-2

x

x

x

 

E-1

 

x

 

 

E-2

 

x

 

 

E-1 Dependent

x

x

x

 

E-2 Dependent

x

x

x

 

F-1

 

x

x

x

F-2

 

x

x

 

H-1B

 

x

 

 

H-1C

 

x

 

 

H-2A

 

x

 

 

H-2B

 

x

 

 

H-3

 

x

 

 

H-4

x

x

x

 

I

 

x

x

 

J-1

 

x

x

 

J-2

 

x

x

 

L-1

 

x

 

 

L-2

x

x

x

 

M-1

x

x

x

x

M-2

x

x

x

 

N-8

x

x

x

 

N-9

x

x

x

 

O-1

 

x

 

 

O-2

 

x

 

 

O-3

x

x

x

 

P-1

 

x

 

 

P-2

 

x

 

 

P-3

 

x

 

 

P-4

x

x

x

 

Q-1

 

x

 

 

Q-2

x

x

 

 

Q-3

x

x

 

 

R-1

 

x

 

 

R-2

x

x

x

 

TD

x

x

x

 

TN-1

x

 

 

 

TN-2

 

x

 

 

TPS A-12

 

x

 

 

 

Filing Fee:

Please refer to the Immigration Forms page for the current filing fee.

If concurrently e-Filing the I-539 with another application or petition, the total cost will include the fees for those applications or petitions.

Initial Evidence and Supporting Documentation:

See the Instructions for the paper-based Form I-539.

Also see the general instructions for Submitting Supporting Documentation for an e-Filed application and/or petition.  You may access those instructions from the Related Link on the right on this page.

Concurrent E-Filing:
E-Filed I-539 applications can only be concurrently e-Filed with the following applications under the following conditions:

  • I-129 petition, if the I-539 beneficiary is a dependent of the E, H, L, O, P, TN, or R nonimmigrant listed on the associated I-129 petition.

Please note: If you wish to Concurrently E-File an I-539 with a principal I-129, you must fill out the I-129 first.

  • I-765 application, if the I-539 beneficiary is the spouse of an E-1, E-2 or L-1 nonimmigrant (i.e., E-1 Dependent, E-2 Dependent, or L-2).

Please note: If you wish to Concurrently E-File an I-539 with an I-765, you must fill out the I-539 first.

  • I-907 application, if the I-539 beneficiary is a dependent of the E, H, L, O, P, TN, or R nonimmigrant Concurrently E-Filing a Request for Premium Processing (I-907) with their primary I-129 petition.

Please note: The 15-day processing time frame applies only to the I-129 petition.

Please see e-Filing Forms Concurrently for more information.

 

 

 

 

 

 

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