5 Essential Facts About I-539 Extension of Stay in 2025

Key Takeaways

• Premium processing now available for some I-539 Extension of Stay applications, speeding decisions to 30 business days.
• Applicants must file at least 30 to 60 days before status expiration and pay separate biometric fees per person.
• Travel during I-539 processing leads to application abandonment and requires a new visa application abroad.

As of July 2025, several important updates and reminders affect nonimmigrants seeking to extend their stay in the United States 🇺🇸 using the I-539 Extension of Stay process. These changes impact who can apply, how long processing takes, what documents are needed, and what happens if you travel or make mistakes during the process. This update explains what has changed, who is affected, what actions are required, and what these changes mean for people with pending or future applications. The goal is to help nonimmigrants, their families, and sponsors understand the latest requirements and avoid common problems.

Summary of What Changed

• Premium processing is now available for some I-539 Extension of Stay applications, offering a much faster decision for certain categories.
• Processing times have shifted, with the median now at about 2.6 months, but premium processing can cut this to 30 business days for eligible applicants.
• New documentation rules require more careful attention, especially for U visa applicants who must show a valid passport at the time of filing.
• Form I-539A is now required for each co-applicant (such as dependents), and each person must pay a separate biometric services fee.
• Travel during processing will result in your application being considered abandoned, which can have serious consequences.
• Filing the wrong form (for example, using I-539 instead of I-129 for certain employment-based categories) will lead to denial and loss of fees.

Let’s break down these updates in detail, explain who is affected, and outline the steps you need to take to stay in compliance and protect your immigration status.

Who Is Affected by These Changes?

The I-539 Extension of Stay process is used by many different groups of nonimmigrants in the United States 🇺🇸. The main people affected by these updates include:

• Tourists in B-2 status who want to stay longer for personal reasons.
• Students (F and M visa holders) who need to apply for reinstatement or extend their stay.
• Dependents of certain visa holders, such as spouses and children of H-1B, L-1, O-1, or E-1/E-2 principal visa holders (but not the principals themselves).
• Residents of the Commonwealth of the Northern Mariana Islands (CNMI) who need to extend their stay.
• People seeking or extending V nonimmigrant status.

However, not everyone can use Form I-539. Employment-based principal visa holders—such as those on H-1B, L-1, O-1, or E-1/E-2 visas—must use Form I-129 for extensions or changes of status. Their dependents may still use I-539, but only if they are not trying to change to a status that is not allowed.

If you are unsure which form to use, check the official USCIS I-539 page or speak with an immigration attorney. Filing the wrong form will result in denial, and you will not get your money back.

Effective Dates and Recent Policy Updates

Most of these changes are already in effect as of July 2025. The most recent and important updates include:

• Premium processing for certain I-539 cases became available in mid-2024. This is especially helpful for students and exchange visitors (F, M, and J categories) who need a quick decision.
• Revised Form I-539 and new Form I-539A have been required since 2019, but many applicants are still adjusting to the need for separate biometric fees and signatures for each co-applicant.
• Increased scrutiny for U nonimmigrants, who must now provide proof of a valid passport at the time of filing to avoid delays or denials.
• Strict rules on travel during the application process remain in place. If you leave the United States 🇺🇸 while your I-539 is pending, your application will be considered abandoned.

These updates are designed to make the process more efficient, but they also mean applicants must be more careful than ever to follow instructions and provide all required documents.

Required Actions for Applicants

If you plan to file for an I-539 Extension of Stay, or if you have a pending application, here are the steps you need to take:

1. Check Your Eligibility

• Make sure you are in a category that can use Form I-539. If you are the main holder of an employment-based visa (like H-1B or L-1), you must use Form I-129.
• Dependents and other eligible nonimmigrants can use Form I-539.

2. File on Time

• File at least 30 to 60 days before your current status expires. This is usually the date on your I-94 Arrival/Departure Record. Filing late can lead to denial or problems with your status.
• You must be physically present in the United States 🇺🇸 and in valid status when you file.

3. Gather the Right Documents

You will need to submit:

• A completed Form I-539 (and Form I-539A for each co-applicant).
• A copy of your current I-94.
• Proof of financial support (such as bank statements or a sponsor’s letter).
• A written explanation of why you need an extension or change of status.
• Copies of your passport (and those of any co-applicants).
• Payment for the filing fee ($370) and biometric services fee ($85 per applicant/co-applicant).
• Any other documents required for your specific visa category.

4. Pay the Correct Fees

• The filing fee for Form I-539 is $370.
• The biometric services fee is $85 per applicant or co-applicant.
• Fees may change, so always check the USCIS fee schedule before filing.

5. Avoid Common Mistakes

• Do not travel outside the United States 🇺🇸 while your application is pending. If you do, your application will be considered abandoned, and you will need to apply for a new visa at a U.S. consulate abroad. You must also wait 30 days before re-entering.
• Make sure all forms are signed and all required documents are included. Missing signatures or documents can delay or cause denial.
• If you are applying with dependents, each person must have a separate Form I-539A and pay a separate biometric fee.

6. Consider Premium Processing (If Eligible)

• If you are applying for a change of status to F-1, F-2, M-1, M-2, J-1, or J-2, you may use premium processing for a faster decision (within 30 business days).
• There is an extra fee for premium processing. Check the USCIS premium processing page for details.

Implications for Pending Applications

If you already have an I-539 Extension of Stay application pending, here’s what you need to know:

• Processing times are currently about 2.6 months (78 days) for most cases, but can be shorter if you used premium processing and are in an eligible category.
• If you filed before premium processing became available, you cannot upgrade to premium processing for that application. Only new applications can use this option.
• If you travel outside the United States 🇺🇸 while your application is pending, it will be considered abandoned. You will need to start over and may face delays or problems re-entering.
• If you receive a Request for Evidence (RFE), respond quickly and provide all requested documents. Delays in responding can lead to denial.
• If your application is denied, you may be considered out of status and could face removal (deportation) or problems with future visa applications.

Key Points About the I-539 Extension of Stay Process

Purpose of Form I-539

Form I-539 is used by certain nonimmigrants to extend their stay or change to another nonimmigrant status while remaining in the United States 🇺🇸. It is not for everyone—employment-based principal visa holders must use Form I-129. The form is most commonly used by tourists, students, dependents, and some special categories like CNMI residents.

Processing Times and Premium Processing

• The median processing time for Form I-539 is about 2.6 months.
• Premium processing is available for certain categories (F, M, and J visas), with a 30-business-day decision.
• Regular processing times can vary based on case complexity and USCIS workload.

Filing Instructions and Timing

• File at least 30 to 60 days before your current status expires.
• You must be in the United States 🇺🇸 and in valid status when you file.
• Filing the wrong form will lead to denial and loss of fees.
• Traveling abroad while your application is pending will result in abandonment of your application.

Required Documentation and Fees

• Submit a copy of your current I-94, proof of financial support, a valid reason for extension or change, passport copies, and payment for all required fees.
• Each co-applicant must have a separate Form I-539A and pay a separate biometric fee.

Recent Policy Updates

• Increased scrutiny for U visa applicants—must show a valid passport at filing.
• Revised forms and biometric requirements for each co-applicant.
• Premium processing now available for certain categories.

Practical Guidance and Next Steps

For New Applicants:

• Check your eligibility and make sure you are using the correct form.
• Gather all required documents and double-check for completeness.
• File early—do not wait until the last minute.
• Consider premium processing if you need a faster decision and are in an eligible category.
• Do not travel while your application is pending.

For Those With Pending Applications:

• Monitor your case status using your USCIS receipt number.
• Respond quickly to any requests for more information.
• Stay in the United States 🇺🇸 until your application is decided.
• Consult an immigration attorney if you have questions or if your situation changes.

For Employers and Sponsors:

• Make sure your employees and their dependents are aware of these rules.
• Help gather required documents and provide proof of financial support if needed.
• Remind applicants not to travel while their application is pending.

Common Scenarios and Examples

1. Tourist Needs More Time: A B-2 tourist wants to stay longer to care for a sick relative. They file Form I-539 with a letter explaining the reason, proof of funds, and a copy of their I-94. They file 45 days before their status expires and stay in the United States 🇺🇸 while waiting for a decision.

2. Student Applies for Reinstatement: An F-1 student falls out of status due to a mistake but wants to continue studying. They file Form I-539 for reinstatement, include a detailed explanation, and pay all required fees.

3. Dependent Child Turns 21: The child of an H-1B worker is turning 21 and needs to change status. The family files Form I-539 for the child, includes all documents, and pays the biometric fee.

4. Applicant Travels During Processing: A dependent files Form I-539 but leaves the United States 🇺🇸 for a family emergency before the case is decided. Their application is considered abandoned, and they must apply for a new visa at a U.S. consulate abroad.

Where to Find Official Information

For the most up-to-date forms, instructions, and fee schedules, always refer to the official USCIS I-539 page. This page provides the latest versions of Form I-539 and Form I-539A, as well as detailed filing instructions and links to check processing times.

As reported by VisaVerge.com, these changes reflect USCIS’s ongoing efforts to improve efficiency and security in the nonimmigrant extension process. However, the rules can be complex, and mistakes can have serious consequences. If you have any doubts or face unusual situations—such as a gap of more than 30 days between your current status and the requested extension—consult a qualified immigration attorney for advice.

Conclusion and Actionable Takeaways

• Act early: File your I-539 Extension of Stay application at least 30 to 60 days before your current status expires.
• Check eligibility: Make sure you are in a category that can use Form I-539. If not, use the correct form.
• Gather documents: Include all required evidence and pay the correct fees for each applicant and co-applicant.
• Stay in the United States 🇺🇸: Do not travel while your application is pending.
• Consider premium processing: If you need a faster decision and are eligible, this option can help.
• Stay informed: Always use the official USCIS website for the latest updates and forms.

By following these steps and staying aware of the latest policy changes, nonimmigrants and their families can protect their status and avoid common problems during the I-539 Extension of Stay process.

Learn Today

I-539 Extension of Stay → Form used by certain nonimmigrants to extend or change their US status while inside the country.
Premium Processing → An optional expedited service guaranteeing USCIS decision in about 30 business days for eligible I-539 petitions.
Biometric Services Fee → A fee charged per applicant for fingerprinting and identity verification during the visa extension process.
Form I-539A → A supplemental form filed for each co-applicant, such as dependent family members on the initial I-539 application.
Application Abandonment → Occurs when an applicant travels abroad while the I-539 is pending, leading USCIS to dismiss the application.

This Article in a Nutshell

Starting July 2025, USCIS updated the I-539 Extension process with premium processing options, stricter documentation, and travel restrictions to protect nonimmigrant status and ensure efficient application reviews.
— By VisaVerge.com