Extend My Authorized Period of Stay as an Employment-Based Nonimmigrant
If you are currently in an employment-based nonimmigrant status and want to extend your stay in the United States, your employer must file a petition for you.
Your employer may apply to extend your current period of authorized stay as an employment-based nonimmigrant 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.
Check the departure date in the U.S. Customs and Border Protection (CBP) stamp in your passport or your Form I-94, Arrival/Departure Record to determine the date your authorized stay expires.
We recommend that your employer applies to extend your authorized period of stay at least 45 days before your authorized period of stay expires. If you remain in the United States longer than authorized, you may be barred from returning to the United States and/or you may be removed (deported) from the United States.
Eligibility by Nonimmigrant Categories
You may apply to extend your stay if you were lawfully admitted into the United States in one of the following nonimmigrant visa categories:
- E-1 or E-2 (treaty traders, treaty investors, and employees of treaty traders and treaty investors);
- E-3 (skilled professionals from Australia);
- H-1B, H-2A, H-2B, or H-3 (temporary skilled, agricultural, and non-agricultural workers and trainees);
- L-1A or L-1B (intracompany transferees);
- O-1 or O-2 (aliens with extraordinary ability and their essential support);
- P-1, P-2, or P-3 (athletes and entertainers);
- Q-1 (international cultural exchange visitors);
- R-1 (religious workers); or
- TN-1 or TN-2 (Canadians and Mexicans under the North American Free Trade Agreement (NAFTA)).
You are not eligible for an extension if you were admitted to the United States in one of the following categories:
- Visa Waiver Program (WT, WB, and individuals admitted under the Guam-CNMI Visa Waiver Program);
- Crew member (D nonimmigrant visa);
- In transit through the United States without a visa (TWOV);
- Fiancé of a U.S. citizen or dependent of a fiancé (K-1 or K-2 nonimmigrant);
- Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa); or
- In transit through the United States (C nonimmigrant visa).
How to File
Your employer must:
- Review the instructions for Form I-129, Petition for a Nonimmigrant Worker;
- Complete and sign Form I-129;
- Pay the filing fee, if applicable; and
- Provide all required evidence and supporting documentation.
Application procedures for an extension of stay depend on your nonimmigrant status. For more information, contact your employer, a licensed attorney, or a representative accredited by the Executive Office of Immigration Review.
After You File
Once we receive your employer’s Form I-129, we will process the petition and your employer will receive a:
- Receipt notice confirming we received the petition;
- Biometric services notice, if applicable;
- Notice to appear for an interview, if required; and
- Notice of our decision.