Extend My Stay as a Family Member of an Employment-Based Nonimmigrant
If you are a spouse or unmarried child (under the age of 21) of an employment-based nonimmigrant, you may extend your authorized period of stay when your spouse or parent’s employer petitions to extend their stay. We recommend that you apply to extend your authorized period of stay at least 45 days before your authorized period of stay expires.
Generally, you may apply to extend your current authorized period of stay as a spouse or unmarried child (under the age of 21) of an employment-based nonimmigrant if:
- You are currently in 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.
How to File
You may file online or by paper.
Create a USCIS online account to file online and:
- Submit evidence and pay fees electronically
- Receive notices from us electronically
- Receive case status updates about your case and see complete case history
- Communicate with us securely and directly
- Respond to requests for evidence
If you already have a USCIS online account, simply sign into your account to get started.
File by Paper
- Read the instructions for Form I-539, Application to Extend/Change Nonimmigrant Status;
- Complete and sign your Form I-539;
- Pay the filing fees, if applicable; and
- Provide all required evidence and supporting documentation.
After You File
Once we receive your Form I-539, you will receive a:
- Receipt notice confirming we received your application;
- Biometric services appointment notice, if applicable;
- Notice to appear for an interview, if required; and
- Notice of our decision.