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Form I-539

Need to Change or Extend your B-1/B-2 Nonimmigrant Status?

Whether you want to extend your B-1/B-2 visitor status or change to B-1/B-2 status from some other status, the form you need to complete is Form I-539, Application to Extend/Change Nonimmigrant Status.




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Form I-539 Need to Change or Extend your B-1/B-2 Nonimmigrant Status?

Definition of Key Terms

These key terms are highlighted in blue on this page to help clarify the application process.


Nonimmigrant Status

Nonimmigrant status refers to a visa status that is temporary in nature, as opposed to "immigrant" status, which is permanent. B-1/B-2 status is considered "nonimmigrant" status. All work visas are also considered "nonimmigrant" status.


B-1 visa

A B-1 visa is issued to someone who is entering the U.S. temporarily for business


B-2 visa

A B-2 visa is issued to someone who is entering as a tourist, or as the dependent of a B-1 or other nonimmigrant visa holder.


Application to Extend Status

This application is filed by someone who has been granted a visa, and who seeks to extend the period of authorized stay after they have arrived in the U.S.


Application to Change Status

This application is filed by someone who has been granted a visa in a certain nonimmigrant status and wishes to change their status to a different status after they have arrived in the U.S.


Eligibility Requirements

In order to extend B-1/B-2 status or switch to B-1/B-2 status from another status, the applicant must be able to show that the requested stay is temporary, and that the applicant intends to return to his or her home country when the status expires.


The Process

The application to extend or change to B-1/B-2 status is made after the applicant has entered the U.S. on a valid nonimmigrant visa. The application is made on Form I-539.

The applicant must establish that he or she is requesting the extension or change of status for a justified reason. If the applicant is a tourist, then the reason may include a description of the places he or she will visit and the activities that are planned. If the applicant is a business visitor, he or she should provide a letter from the host business describing why an extension or change of status is necessary.

It can take USCIS as long as six months to process a Form I-539 application, which means that in some cases the application will only be approved after the applicant has already left the U.S. Nevertheless, it is very important to file the extension request, in order to preserve your ability to travel to the U.S. in the future.


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