A request for an extension of stay (EOS) is generally filed on a Petition for a Nonimmigrant Worker (FormI-129) or Application to Extend/Change Nonimmigrant Status (FormI-539), depending upon the nonimmigrant classification the petitioner or applicant seeks to extend. The instructions forForm I-539andForm I-129provide detailed information regarding who may file each form. Supplemental Information for Application to Extend/Change Nonimmigrant Status (Form I-539A) or Petition for a CNMI-Only Nonimmigrant Transitional Worker (Form I-129CW) may also be filed, where applicable. If you remain in the United States longer than authorized, you may be barred from returning and/or you may be removed (deported) from the United States. Check the date in the lower right-hand corner of yourForm I-94, Arrival-Departure Record, to determine the date your authorized stay expires. We recommend that you apply to extend your stay at least 45 days before your authorized stay expires.
You may apply to extend your stay if:
- You were lawfully admitted into the United States with a nonimmigrant visa;
- Your nonimmigrant visa status remains valid;
- You have not committed any crimes that make you ineligible for a visa;
- You have not violated the conditions of your admission; and
- Your passport is valid and will remain valid for the duration of your stay.
You may not apply to extend your stay if you were admitted to the United States in the following categories:
- Visa Waiver Program;
- Crew member (D nonimmigrant visa);
- In transit through the United States (C nonimmigrant visa);
- In transit through the United States without a visa (TWOV);
- Fiancé(e) of a U.S. citizen or dependent of a fiancé(e) (K nonimmigrant visa); or
- Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa).
For information on how to apply, see theHow Do I: Guides for Nonimmigrants.
Related Links
More Information
Forms
- I-129, Petition for a Nonimmigrant Worker
- I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker
- I-539, Application To Extend/Change Nonimmigrant Status
- I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status
