Extend My Stay as a Family Member of an Employment-Based Nonimmigrant

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.

You may file online or by paper.

File online

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

You must:

• 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.

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.

• Form I-539
• Use our Fee Calculator to help determine your fee