Checklist of Required Initial Evidence for Form I-539 (for informational purposes only)

Please do not submit this checklist with your Form I-539. It is an optional tool to use as you prepare your form, but does not replace statutory, regulatory, and form instruction requirements. We recommend that you review these requirements before completing and submitting your form. Do not send original documents unless specifically requested in the form instructions or applicable regulations. You may view the form instructions at uscis.gov/i-539.

If you submit any documents (copies or original documents, if requested) in a foreign language, you must include a full English translation along with a certification from the translator verifying that the translation is complete and accurate, and that they are competent to translate from the foreign language to English.

General Requirements

Did you provide the following?

  • A copy of Form I-94, Nonimmigrant Arrival-Departure Record, for each person included in your application

Ambassador, Public Minister, or Career Diplomatic or Consular Officer and Their Immediate Family Members

Did you provide the following?

  • Form I-566, Interagency Record of Request, certified by the U.S. Department of State (DOS), to indicate your accredited status

A-3 Attendant or Servant Of An A Nonimmigrant and The A-3's Immediate Family Members

Did you provide the following?

  • A copy of the employer’s Form I-94 or approval notice demonstrating A status
  • An original letter from the employer
  • An original Form I-566, Interagency Record of Request, certified by DOS, indicating the employer’s accredited status

B-1 Visitor For Business or B-2 Visitor For Pleasure

Did you provide the following?    

  • A written statement

CW-2 Dependents Of A CW-1 Transitional Worker

Did you provide the following?

  • Evidence of lawful presence in Commonwealth of the Northern Mariana Islands (CNMI) 
  • Evidence of each applicant’s relationship to the CW-1 transitional worker
  • One of the following:
    • Form I-129CW, Petition for a Nonimmigrant Worker in the CNMI, filed on behalf of the CW-1 transitional worker;
    • A copy of the I-797 Receipt Notice related to the transitional worker’s currently pending petition;
    • A copy of the transitional worker’s most recent Form I-94; or
    • A copy of the I-797 Approval Notice showing the transitional worker has been granted status

Dependents of a Principal E Nonimmigrant

Did you provide the following?

  • Evidence of each applicant’s relationship to the principal E nonimmigrant
  • At least one of the following:
    • Form I-129, Petition for a Nonimmigrant Worker, filed on behalf of the principal E nonimmigrant;
    • A copy of the I-797 Receipt Notice related to the principal E nonimmigrant’s currently pending Form I-129;
    • A copy of the principal E nonimmigrant’s most recent Form I-94; or
    • A copy of the I-797 Approval Notice showing the principal E nonimmigrant has been granted status

F-1 Academic Student

Did you provide the following?

  • A copy of Form I-20, Certificate of Eligibility for Nonimmigrant Student
  • Evidence of your ability to pay for your studies and support yourself and your dependents

F-1 Reinstatement

Did you provide the following?

  • A copy of Form I-20, Certificate of Eligibility for Nonimmigrant Student
  • Evidence of your ability to pay for your studies and support yourself and your dependents
  • Evidence your violation of status resulted from circumstances beyond your control or that the violation relates to a reduction in your course load that is within a designated school official’s power to authorize, and that failure to approve reinstatement would result in extreme hardship to you
  • If you were out of status for more than five months, evidence of exceptional circumstances and that you are filing as promptly as possible under the exceptional circumstances
     

G Designated Principal Resident Representative Of A Foreign Government and Their Immediate Family Members

Did you provide the following?

  • Form I-566, Interagency Record of Request

G-5 Attendant or Servant Of A G Nonimmigrant and The G-5’s Immediate Family Members

Did you provide the following?

  • A copy of employer’s Form I-94 or approval notice showing G status 
  • An original letter from your employer
  • An original Form I-566, Interagency Record of Request, certified by DOS
     

H-4 Dependents of an H Temporary Worker

Did you provide the following?

  • Evidence of each applicant’s relationship to the H temporary worker
  • At least one of the following:
    • Form I-129, Petition for Nonimmigrant Worker, filed on behalf of the H temporary worker;
    • A copy of the I-797 Receipt Notice related to the H temporary worker’s currently pending Form I-129
    • A copy of the H temporary worker’s Form I-94; or
    • A copy of the I-797 Approval Notice showing the H temporary worker has been granted status

I Representative of Foreign Media and Dependents

Did you provide the following?

  • A letter from the employing foreign media organization that verifies the employment, establishes that the I principal is a representative of the organization, and describes the pay and work to be performed; 
  • Evidence of each dependent’s relationship to the principal (if applicable)

J-1 Exchange Visitor

Did you provide the following?

  • DS-2019, Certificate of Eligibility for Exchange Visitor Status

L-2 Dependents of an L Intracompany Transferee

Did you provide the following?

  • Evidence of each applicant’s relationship to the L intracompany transferee
  • At least one of the following:
    • Form I-129, Petition for a Nonimmigrant Worker, filed on behalf of the L intracompany transferee;
    • A copy of the I-797 Receipt Notice related to the L intracompany transferee’s currently pending form I-129;
    • A copy of the L intracompany transferee’s Form I-94; or
    • A copy of the I-797 Approval Notice showing the L intracompany transferee has been granted status

M-1 Vocational or Non-Academic Student

Did you provide the following?

  • A copy of Form I-20, Certificate of Eligibility for Nonimmigrant Student
  • Evidence of your ability to pay for your studies and support yourself and your dependents
     

M-1 Reinstatement

Did you provide the following?

  • A copy of Form I-20, Certificate of Eligibility for Nonimmigrant Student
  • Evidence of your ability to pay for your studies and support yourself and your dependents
  • Evidence your violation of status resulted from circumstances beyond your control, or that the violation relates to a reduction in your course load that is within a designated school official’s power to authorize, and that failure to approve reinstatement would result in extreme hardship to you 
  • If you were out of status for more than five months, evidence of exceptional circumstances and that you are filing as promptly as possible under the exceptional circumstances

M-1 Extension

Did you provide the following?

  • A copy of Form I-20, Certificate of Eligibility for Nonimmigrant Student
  • Evidence of your ability to pay for your studies and support yourself and your dependents
  • Evidence of one of the following:
    • That compelling educational or medical reasons caused the delay in your course of study;
    • You transferred to a different school; or
    • That you are applying for post-completion practical training
       

O-3 Dependents Of An O Alien Of Extraordinary Ability or Achievement

Did you provide the following?

  • Evidence of each applicant’s relationship to the O nonimmigrant worker
  • At least one of the following:
    • Form I-129, Petition for a Nonimmigrant Worker, filed on behalf of the O nonimmigrant worker;
    • A copy of the Form I-797 Receipt Notice related to the O nonimmigrant worker’s currently pending Form I-129 petition;
    • A copy of the front and back of the O nonimmigrant worker’s Form I-94; or
    • A copy of the Form I-797 Approval Notice showing the O nonimmigrant worker has been granted status 

P-4 Dependents Of A P Artist, Athlete, or Entertainer

Did you provide the following?

  • Evidence of each applicant’s relationship to the P nonimmigrant worker
  • At least one of the following:
    • Form I-129, Petition for a Nonimmigrant Worker, filed on behalf of the P nonimmigrant worker;
    • A copy of the Form I-797 Receipt Notice related to the P nonimmigrant worker’s currently pending Form I-129 petition;
    • A copy of the front and back of the P nonimmigrant worker’s Form I-94; or
    • A copy of the Form I-797 Approval Notice showing the P nonimmigrant worker has been granted status 

R-2 Dependents Of An R Religious Worker

Did you provide the following?

  • Evidence of each applicant’s relationship to the R religious worker
  • At least one of the following:
    • Form I-129, Petition for a Nonimmigrant Worker, filed on behalf of the R religious worker;
    • A copy of the Form I-797 Receipt Notice related to the R religious worker’s currently pending Form I-129 petition;
    • A copy of the front and back of the R religious worker’s Form I-94; or
    • A copy of the Form I-797 Approval Notice showing the R religious worker has been granted status 

TD Dependents Of A TN Canadian or Mexican Professional

Did you provide the following?

  • Evidence of each applicant’s relationship to the TN professional worker
  • At least one of the following:
    • Form I-129, Petition for a Nonimmigrant Worker, filed on behalf of the TN professional worker;
    • A copy of the Form I-797 Receipt Notice related to the TN professional worker’s currently pending Form I-129 petition;
    • A copy of the front and back of the TN professional worker’s Form I-94; or
    • A copy of the Form I-797 Approval Notice showing the TN professional worker has been granted status 

Extension Of T Nonimmigrant Status

Did you provide the following?

  • A copy of the Form I-94 or Form I-797 Approval Notice for your Form I-914 showing you have been granted T status;
  • Evidence demonstrating law enforcement need, such as a new Form I-914 Supplement B, or other evidence from law enforcement explaining that the applicant’s presence is necessary, if filing based on law enforcement need, or
  • Evidence of exceptional circumstances if filing based on exceptional circumstances

Extension Of T Derivative Nonimmigrant Status

Did you provide the following?

  • If the T-1 principal nonimmigrant is applying for the extension to be applied to derivative family members:
    • A written request that the extension be applied to such family members
    • A list of each derivative separately on Form I-539 Supplement A
    • A copy of each listed derivative’s Form I-94 or Form I-797 Approval Notice for Form I-914A
  • If the derivative is filing independently for an extension of status: 
    • Justification for the extension request (a statement of need and reasons)
    • A copy of the derivative’s Form I-94 or Form I-797 Approval Notice for Form I-914A, or the passport with T nonimmigrant visa showing that the applicant has already been granted T nonimmigrant status
    • Evidence of relationship to the T-1 nonimmigrant principal

Extension Of U Nonimmigrant Status

Did you provide the following?

  • If you are filing based on law enforcement need: 
    • A copy of the Form I-94 or I-797 Approval Notice showing the applicant has been granted U nonimmigrant status
    • Evidence demonstrating law enforcement need 
  • If you are filing based on exceptional circumstances: 
    • A copy of the Form I-94 or I-797 Approval Notice for Form I-918 showing the applicant has been granted U nonimmigrant status
    • Evidence demonstrating exceptional circumstances, such as an affirmative statement of any other credible evidence

Extension Of U Derivative Nonimmigrant Status

Did you provide the following?

  • If the U-1 principal nonimmigrant is applying for the extension to be applied to derivative family members:
    • A written request that the extension be applied to such family members
    • A list of each derivative separately on Form I-539 Supplement A
    • A copy of each listed derivative’s Form I-94 or Form I-797 Approval Notice for Form I-918A  
  • If the U-2, U-3, U-4, or U-5 nonimmigrant is filing independently for an extension of status:
    • Justification for the extension request (a statement of need and reasons)
    • A copy of the derivative’s Form I-94 or I-797 Approval Notice for Form I-918A, or the passport with U nonimmigrant visa showing that the applicant has already been granted U nonimmigrant status;
    • Evidence of relationship to the U-1 nonimmigrant principal

V Nonimmigrant Status As The Principal Spouse or Child Of A Lawful Permanent Resident or As A Derivative Child

Did you provide the following?

  • Evidence our lawful permanent residence spouse or parent filed Form I-130, Petition for Alien Relative, on your behalf, on or before April 30, 2001 
  • Evidence you are spouse or unmarried child of the Form I-130 petitioner, or that you are a derivative child of the principal beneficiary
  • If you are 21 years of age or older and seeking extension of V status:
    • Evidence of previous grant of V status
    • Evidence your lawful permanent resident parent filed Form I-130, Petition for Alien Relative, on your behalf, on or before April 30, 2001
    • Evidence you are the unmarried son or daughter of the I-130 petitioner

 

ADDITIONAL INFORMATION

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