- USCIS accepts the 08/28/24 edition of Form I-539, not the 09/15/26 edition, while a court order pauses the related rule.
- Applicants should file before their I-94 expires; USCIS recommends filing at least 45 days early when possible.
- The prior-address mailing grace period ended November 10, 2026; use the current address for your filing reason.
Form I-539, Application to Extend/Change Nonimmigrant Status, is for certain nonimmigrants seeking more time in the United States or a change to another nonimmigrant category. USCIS accepts the 08/28/24 edition and does not accept the 09/15/26 edition; a court order dated September 14, 2026, paused implementation of the rule associated with the newer edition.
This application is not for every immigration-status change. Before preparing it, confirm that your category can use the form and that you have the edition USCIS accepts. The USCIS I-539 page, updated November 3, 2026, is the place to check the current form and instructions.
The court order postponed the rule and barred the Department of Homeland Security from taking further implementation steps until another order or a decision on the merits. USCIS says it is proceeding under the earlier provisions in the meantime. That is a pause, not a final ruling on the rule’s merits.
| Form | Edition USCIS accepts | Edition USCIS does not accept |
|---|---|---|
| I-539 | 08/28/24 | 09/15/26 |
| I-765 | 08/21/25 | 09/15/26 |
The I-765 edition information matters if you are preparing a related employment authorization request. Do not treat instructions proposed for the unaccepted editions as current requirements. Check the form page again when you are ready to submit, because the accepted edition may change after a further court order or resolution of the case.
Check the form edition, instructions and filing route before preparing your application
Free toolDS-160 Form Filling Online Helper Tool- Confirm the edition. Open the USCIS form page before you begin. Compare the date printed at the bottom of the form and its instructions with the edition USCIS accepts. If you print the form, make sure every page belongs to that same edition.
- Read the instructions and evidence checklist. USCIS provides the instructions and the required initial-evidence checklist with the form. Review them for the specific request you are making. Do not substitute requirements from the 09/15/26 edition, which is not accepted.
- Complete the relevant sections. In Part 1, provide the required identity and current-status details, including your family name, mailing address and date of birth. In Part 2, select the applicable application type, identify the status you are requesting where required, and state the total number of people included. The form identifies these choices in items 1, 2 or 3.a and the requested status in 3.b or 3.c.
- Add any required supplement and supporting papers. Form I-539A is used to provide information about additional people included in the application. Follow the instructions for the request you are making and attach the evidence the checklist requires. If you are an F or M student seeking the relevant extension, include the Form I-20; include your spouse’s and children’s Forms I-94 if applicable.
- Sign the application and check each page. An unsigned form is rejected. For a paper application, keep page numbers and edition dates visible, and do not combine pages from different editions.
- Choose an available filing method. USCIS offers online filing for forms and request types it identifies as eligible. Check the agency’s online filing options to see whether yours can be filed online. For mail, use the direct filing addresses for I-539 and select the location matching the reason for filing.
| Document or item | Who needs it | Notes |
|---|---|---|
| Form I-539 and its instructions | Applicants using this process | Use the accepted edition and follow its evidence checklist. |
| Form I-539A | Applicants adding additional people | It is the supplement for additional people on the application. |
| Form I-20 | F or M students in the applicable extension process | The student’s program end date on the form is relevant to the filing window. |
| Spouse’s and children’s Forms I-94 | F or M students, if applicable | Include these records when the student’s spouse or children are part of the request. |
| Form G-1145 | Applicants who want lockbox acceptance notice by email or text | Attach it to request an email or text confirmation of lockbox acceptance. |
I-539 covers some nonimmigrant requests, but not every category
The form is for certain people admitted as nonimmigrants who seek an extension or a change to another nonimmigrant status. USCIS’s general criteria include lawful admission, no disqualifying act, and no other circumstance requiring departure before the person can return in a different classification. The request is not a general route to permanent residence.
| Applicant or request | Form or limitation |
|---|---|
| Certain nonimmigrants extending a stay or changing to another nonimmigrant status | May use I-539 if they meet the applicable requirements. |
| CNMI residents seeking an initial grant of status | I-539 is used for this request. |
| F or M nonimmigrants seeking reinstatement | I-539 is used for reinstatement requests. |
| People seeking V nonimmigrant status or an extension as a V nonimmigrant | I-539 is used for these requests. |
| Employment-based principal applicants in E-1, E-2, E-3, H-1B, H-1B1, H-2A, H-2B, H-3, L-1, O-1, O-2, P, Q-1, R-1 or TN classifications | Certain extensions or changes are filed on Form I-129, Petition for a Nonimmigrant Worker, rather than I-539. E-1 and E-2 principals cannot use I-539. |
| Dependents of employment-based workers | Generally use I-539, subject to the applicable classification restrictions. Eligible dependents of E principals have a distinct rule unless they seek a listed excluded status. |
| C, D, K-1, K-2, S, TWOV, WT and WB categories | Cannot extend or change status using I-539. |
| J-1 and M-1 applicants | Restrictions apply; check the instructions for the specific request. |
The listed I-129 classifications are based on the rules for certain employment-based extensions and changes. A principal worker and a dependent may have different form requirements, so do not assume a dependent uses the same petition as the principal. If you are unsure which form applies, check the classification-specific instructions before filing; submitting the wrong form can lead to rejection or denial.
Your I-94 deadline is separate from the expired prior-address grace period
File before the expiration date on your Form I-94. USCIS suggests filing at least 45 days before your authorized stay ends, or as soon as you determine that you need an extension or change. The deadline for your status request is not extended just because USCIS temporarily accepted mail sent to an old location.
A separate USCIS address update identifies October 7, 2026, as the date the mailing location changed. USCIS allowed a 30-day grace period for applications sent to a prior filing location if they were postmarked on or before November 9, 2026. That period ended on November 10, 2026. If you are mailing an application now, use the current address shown on the I-539 filing-address page, selected according to your reason for filing.
USCIS allowed a 30-day grace period for forms postmarked on or before November 9, 2026, and sent to a prior filing location. That grace period has ended, so applications must now go to the current address.
The postmark condition applied to use of a prior location during that grace period. It does not mean that mailing an application after your authorized stay expires satisfies the separate status-filing deadline.
Late filing may be excused only in limited circumstances. USCIS requires an explanation showing extraordinary circumstances beyond your control and a delay of reasonable length. You must also show that you did not otherwise violate your status, remain a bona fide nonimmigrant, and are not in removal proceedings or, for an extension request, deportation proceedings. USCIS treats an approved late extension as effective from the expiration date of the prior admission. Even if you later receive a new status, you still need to file I-539 to bridge any gap.
Students in F or M status have an additional timing rule for the relevant requests: file at least 15 and no more than 60 days before the program end date shown on Form I-20. That student filing window is separate from the general recommendation to file before the I-94 expiration date. The USCIS Policy Manual discusses late extension requests.
Check the USCIS Fee Schedule for the amount that applies to your filing
USCIS directs applicants to its Fee Schedule for the I-539 filing fee. Check the current schedule before submitting; the fee amount is not stated here. USCIS also says it will not refund filing fees when it denies a case, so confirm that I-539 is the correct form and that your packet is complete before paying.
A processing estimate is not provided in the I-539 guidance cited here. Do not treat a filing estimate as a guarantee. Fees and processing times can change, so verify both at uscis.gov before filing.
Avoid preventable rejections by checking every page and required field
Use the current filing address and keep a record of your submission
Before sending a paper request, revisit the direct filing address page and confirm the address for your application type. If you want a text or email notice that the lockbox accepted your filing, attach Form G-1145. That notice concerns lockbox acceptance; it is not an approval of the request.
For F, M or J change-of-status requests, applicants may request premium processing on Form I-907. File it with the I-539, or, if the I-539 is already pending, use the separate lockbox listed for Form I-907. Check that form’s own filing-address instructions before mailing it.
Before filing, confirm that you have the accepted edition, the right form, the required evidence, and the current address. Verify the fee and any available online route on USCIS, then submit before the deadline that applies to your authorized stay. Processing times and fees are subject to change; verify them at uscis.gov.
