Application to Extend/Change Nonimmigrant Status

OMB No. 1615-0003; Expires 02/29/12

Instructions for Form I-539, Application
to Extend/Change Nonimmigrant Status

Department of Homeland Security
U.S. Citizenship and Immigration Services

Instructions
Read these instructions carefully to properly complete this form. If you need more space to complete an answer, use a
separate sheet of paper. Write your name and Alien Registration Number (A-Number), if any, at the top of each sheet of paper
and indicate the part and number of the item to which the answer refers.
NOTE: You have the option of submitting this paper version of Form I-539 according to the form's instructions or you may file the
application electronically. To file electronically, visit our Internet Web site at www.uscis.gov and follow the instructions on e-filing.
Whether you submit this paper form or e-file, U.S. Citizenship and Immigration Services (USCIS) recommends that you retain a copy
of your application and supporting documents for your records.

What Is the Purpose of This Form?
You should use this form if you are one of the nonimmigrants
listed below and wish to apply to U.S. Citizenship and
Immigration Services (USCIS) for an extension of stay or a
change to another nonimmigrant status.
In certain situations, you may use this form to apply for an
initial nonimmigrant status.
You may also use this form if you are a nonimmigrant F-1 or
M-1 student applying for reinstatement.

When Should I Use Form I-539?
You must submit an application for extension of stay or
change of status before your current authorized stay expires.
We suggest you file at least 45 days before your stay expires,
or as soon as you determine your need to change status.
Failure to file before the expiration date may be excused if you
demonstrate when you file the application that:
1. The delay was due to extraordinary circumstances beyond
your control;
2. The length of the delay was reasonable;
3. You have not otherwise violated your status;
4. You are still a bona fide nonimmigrant; and
5. You are not in removal proceedings.

Who May File Form I-539?

Multiple Applicants
You may include your spouse and your unmarried children
under 21 years of age as co-applicants in your application for
the same extension or change of status, but only if you are all
now in the same status or they are all in derivative status.

Nonimmigrant Categories
This form may be used by the following nonimmigrants listed
in alphabetical order:

1. A, Ambassador, Public Minister, or Career
Diplomatic or Consular Officer and Their
Immediate Family Members
You must submit a copy, front and back, of Form I-94 of
each person included in the application and Form I-566,
Interagency Record of Request-A, G, or NATO Dependent
Employment Authorization or Change/Adjustment to/from
A,G, or NATO Status, certified by the U.S. Department of
State to indicate your accredited status.
NOTE: An A-1 or A-2 nonimmigrant is not required to
pay a fee with Form I-539.

2. A-3, Attendant or Servant of an A Nonimmigrant
and the A-3's Immediate Family Members
You must submit a copy, front and back, of Form I-94 of
each person included in the application.
The application must be filed with:

Extension of Stay or Change of Status

A. A copy of your employer's Form I-94 or approval
notice demonstrating A status;

Nonimmigrants in the United States may apply for an
extension of stay or a change of status on this form, except as
noted in these instructions under the heading, "Who May Not
File Form I-539."

B. An original letter from your employer describing your
duties and stating that he or she intends to personally
employ you, and arrangements you have made to
depart from the United States; and

Form I-539 Instructions (Rev. 12/11/09) Y

C. An original Form I-566, certified by the U.S.
Department of State, indicating your employer's
continuing accredited status.

3. Dependents of a CW-1 Transitional Worker
If you are filing for an extension/change of status as the
dependent of an employee who is a CW-1 transitional
worker, this application must be submitted with:
A. Form I-129CW filed for that employee or a copy of the
filing receipt noting that the petition is pending with
USCIS; or

C. B-1C, nonimmigrant who is employed by a foreign
airline;
D. B-1D, nonimmigrant who is a missionary; and
E. B-1, all other visa classifications not designated above.

5. Dependents of an E, Treaty Trader or Investor,
or Australian Specialty Occupation Worker, or
an E-2 CNMI Only Investor
If you are filing for an extension/change of status as the
dependent of an E worker, this application must be
submitted with:

B. A copy of the employee's Form I-94 or approval notice
showing that he or she has already been granted status
to the period requested on your application;

A. Form I-129, Petition for Alien Worker, filed for that E
worker or a copy of the filing receipt noting that the
petition is pending with USCIS; or

C. Evidence of relationship (example: birth or marriage
certificate);

B. A copy of the E's Form I-94 or approval notice
showing that he or she has already been granted status
to the period requested on your application; and

D. Evidence of lawful presence in the Commonwealth of
the Northern Mariana Islands (CNMI) as defined in
8 CFR 214.2(w)(1)(v).
NOTE: An employer should file Form I-129CW to
request/extend/change to CW-1 status for an employee or
prospective employee. Dependents of such employees
must file for request/extension/change of status on this
form, not on Form I-129CW.

4. B-1, Visitor for Business, or B-2, Visitor for
Pleasure
If you are filing for an extension/change, you must file
your application with the original Form I-94 of each
person included in your application. In addition, you must
submit a written statement explaining in detail:
A. The reasons for your request;
B. Why your extended stay would be temporary, including
what arrangements you have made to depart from the
United States; and
C. Any effect the extended stay may have on your foreign
employment or residency.
If you are applying for an extension/change of B-1, visitor
for business, you must designate your desired status using
the following classification in Part 2.1.b of Form I-539:

C. Evidence of relationship (example: birth or marriage
certificate).
NOTE: An employer or investor must file Form I-129 to
request an extension/change to E status for an employee,
prospective employee, or the investor. Dependents of E
employees must file for an extension/change of status on
this form, not Form I-129.

6. F-1, Academic Student
To request a change to F-1 status or to apply for
reinstatement as an F-1 student, you must submit your
original Form I-94, as well as the original Form I-94 of
each person included in the application.
Your application must include your original Form I-20,
Certificate of Eligibility for Nonimmigrant Student, issued
by the school where you will study. To request either a
change or reinstatement, you must submit documentation
that demonstrates your ability to pay for your studies, and
support yourself while you are in the United States.
F-1 Extensions
Do not use this form to request an extension. For
information concerning extensions, contact your
designated school official at your institution.

A. B-1A, nonimmigrant who is the personal or domestic
servant of a nonimmigrant employer;
B. B-1B, nonimmigrant domestic servant of a U.S. citizen;

Form I-539 Instructions (Rev. 12/11/09) Y Page 2

F-1 Reinstatement
You will only be considered for reinstatement as an F-1
student if you establish:
A. That the violation of status was due solely to
circumstances beyond your control or that failure to
reinstate you would result in extreme hardship;
B. You are pursuing or will pursue a full course of study;
C. You have not been employed without authorization;
and
D. You are not in removal proceedings.

7. G, Designated Principal Resident Representative
of a Foreign Government and His or Her
Immediate Family Members
You must submit a copy, front and back, of Form I-94 for
each person included in the application, and Form I-566,
certified by the U.S. Department of State to indicate your
accredited status.
NOTE: A G-1 through G-4 nonimmigrant is not required
to pay a fee with Form I-539.
The application must also be filed with:
A. A copy of your employer's Form I-94 or approval
notice demonstrating G status; and
B. An original letter from your employer describing your
duties and stating that he or she intends to personally
employ you and arrangements you have made to depart
from the United States.

8. Dependents of an H, Temporary Worker
If you are filing for an extension/change of status as the
dependent of an employee who is an H temporary worker,
this application must be submitted with:
A. Form I-129 filed for that employee or a copy of the
filing receipt noting that the petition is pending with
USCIS; or
B. A copy of the employee's Form I-94 or approval notice
showing that he or she has already been granted status
to the period requested on your application; and
C. Evidence of relationship (example: birth or marriage
certificate).

NOTE: An employer must file Form I-129 to request an
extension/change to H status for an employee or
prospective employee. Dependents of such employees
must file for an extension/change of status on this form,
not on Form I-129.

9. J-1, Exchange Visitor
If you are requesting a change of status to J-1
nonimmigrant classification, your application must be filed
with an original DS-2019, Certificate of Eligibility for
Exchange Visitor Status. You must also submit your
original Form I-94, as well as the original Form I-94 for
each person included in the application.
J-1 Extensions
If you are a J-1 exchange visitor seeking an extension of
nonimmigrant status, contact the responsible officer of
your program for information about this procedure.
J-1 Reinstatement
If you are a J-1 exchange visitor seeking reinstatement,
you may need to apply to the U.S. Department of State's
Office of Education and Cultural Affairs for such approval.
Contact the responsible officer at your sponsoring program
for information on the reinstatement filing procedure.

Notice to J Nonimmigrants
A J-1 exchange visitor whose status is to receive graduate
medical education or training, and who has not received
the appropriate waiver, is ineligible for change of status
except to a nonimmigrant T or U visa. In addition, a J-1
exchange visitor who is subject to the foreign residence
requirement, and who has not received a waiver of that
requirement, is only eligible for a change of status to a
nonimmigrant A, G, T, or U visa.
If a J-1 exchange visitor is subject to the foreign residence
requirement, the J-2 dependant is also subject as a
derivative to this requirement. If the J-1 exchange visitor
obtains a waiver of the foreign residence requirement, the
J-2 dependent is also exempt from the requirement. Under
certain limited circumstances, a J-2 dependant may be
independently eligible for a waiver of the foreign residence
requirement.

Form I-539 Instructions (Rev. 12/11/09) Y Page 3

A former J nonimmigrant (either a J-1 principal or a J-2
dependent) subject to the foreign residence requirement,
who is currently maintaining another nonimmigrant visa
status, continues to be subject to the foreign residence
requirement. As noted above, the former J nonimmigrant is
ineligible for a change of status until he or she fulfills the
foreign residence requirement or obtains the appropriate
waiver.
If you are a current or former J nonimmigrant, you must
provide information about this status, including the dates
you maintained status as a J-1 exchange visitor or a J-2
dependent. Willful failure to disclose this information (or
other relevant information) can result in your application
being denied. Provide proof of this status along with your
application, such as a copy of Form DS-2019, Certificate
of Eligibility for Exchange Visitor Status, or a copy of
your passport that includes the J visa stamp.

10. Dependents of an L, Intracompany Transferee
If you are filing for an extension/change of status as the
dependent of an employee who is an L intracompany
transferee, this application must be submitted with:
A. Form I-129 filed for that employee, or a copy of the
filing receipt noting that the petition is pending with
USCIS; or
B. A copy of the employee's Form I-94 or approval notice
showing that he or she has already been granted status
to the period requested on your application; and
C. Evidence of relationship (example: birth or marriage
certificate).
NOTE: An employer should file Form I-129 to request an
extension/change to L status for an employee or
prospective employee. Dependents of such employees
must file for an extension/change of status on this form,
not on Form I-129.

11. M-1, Vocational or Non-Academic Student
To request a change to or extension of M-1 status, or apply
for reinstatement as an M-1 student, you must submit your
original Form I-94, as well as the original Form I-94 of
each person included in the application.
M-1 Reinstatement
A. The violation of status was due solely to circumstances
beyond your control or that failure to reinstate you
would result in extreme hardship;
B. You are pursuing or will pursue a full course of study;
C. You have not been employed without authorization;
and

NOTE: If you are an M-1 student, you are not eligible for
a change to F-1 status, and you are not eligible for a change
to any H status if the training you received as an M-1 helps
you qualify for the H status. Also, you may not be granted
a change to M-1 status for training to qualify for H status.

12. Dependents of a P, Artists, Athletes, and
Entertainers
If you are filing for an extension/change of status as the
dependent of an employee who is classified as a P
nonimmigrant, this application must be submitted with:
A. Form I-129 filed for that employee or a copy of the
filing receipt noting that the petition is pending with
USCIS; or
B. A copy of the employee's Form I-94 or approval notice
showing that he or she has already been granted status
to the period requested on your application; and
C. Evidence of relationship (example: birth or marriage
certificate).
NOTE: An employer must file Form I-129 to request an
extension/change to P status for an employee or
prospective employee. Dependents of such employees
must file for an extension/change of status on this form,
not on Form I-129.

13. Dependents of an R, Religious Worker
If you are filing for an extension/change of status as the
dependent of an employee who is classified as an R
nonimmigrant, this application must be submitted with:
A. Form I-129 filed for that employee or a copy of the
filing receipt noting that the petition is pending with
USCIS; or
B. A copy of the employee's Form I-94 or approval notice
showing that he or she has already been granted status
to the period requested on your application; and
C. Evidence of relationship (example: birth or marriage
certificate).

14. TD Dependents of TN Nonimmigrants

TN nonimmigrants are citizens of Canada or Mexico who
are coming to the United States to engage in business
activities at a professional level under the North American
Free Trade Agreement (NAFTA). The dependents (spouse
or unmarried minor children) of a TN nonimmigrant are
designated as TD nonimmigrants. A TD nonimmigrant
may accompany or follow to join the TN professional. TD
nonimmigrants may not work in the United States.

D. You are not in removal proceedings.
Form I-539 Instructions (Rev. 12/11/09) Y Page 4

Form I-539 shall be used by a TD nonimmigrant to request
an extension of stay or by an applicant to request a change
of nonimmigrant status to TD classification.

B. Form I-130, Petition for Alien Relative, must have
been filed for you by your permanent resident spouse
on or before December 21, 2000; and

If you are filing for an extension/change of status as the
dependent of an employee who is classified as a TN
nonimmigrant, this application must be submitted with:

C. You must have been waiting for at least three years
after Form I-130 was filed for you; or

A. Form I-129 filed for that employee or a copy of the
filing receipt noting that the petition is pending with
USCIS; or
B. A copy of the employee's Form I-94 or approval notice
showing that he or she has already been granted status
to the period requested on your application; and
C. Evidence of relationship (example: birth or marriage
certificate).

15. V, Spouse or Child of a Lawful Permanent
Resident
Use Form I-539 if you are physically present in the United
States and wish to request initial status or change status to
a V nonimmigrant, or to request an extension of your
current V nonimmigrant status.
Applicants must follow the instructions on this form and
the attached instructions to Supplement A to Form I-539,
Filing Instructions for V Nonimmigrants. The supplement
contains additional information and the location where V
applicants must file their applications.
NOTE: In addition to the $300 application fee required to
file Form I-539, V applicants are required to pay a $80
biometric services fee for USCIS to take their fingerprints.

D. You must be the unmarried child (under 21 years of
age) of a person who meets the three requirements
listed above. If you are 21 years of age or older, to qualify
for an extension of V status you (1) previously must have
been granted V status, (2) be the unmarried son or daughter
of a person who meets the requirements listed above and (3)
be the beneficiary of an I-130 filed on your behalf.
V visa holders will be eligible to adjust to lawful
permanent resident status once an immigrant visa becomes
available to them. While they are waiting, V visa holders
may be authorized to work following their submission and
USCIS approval of their Form I-765, Application for
Employment Authorization.
WARNING: Persons in V status who have been in the
United States illegally for more than 180 days may trigger
the grounds of inadmissibility regarding unlawful presence
(for the applicable 3-year or 10-year bar to admission) if
they leave the United States. Their departure may prevent
them from adjusting status as a permanent resident.

Who May Not File Form I-539?
You may not be granted an extension or change of status if
you were admitted under the Visa Waiver Program or if your
current status is:

If necessary, USCIS may also take the V applicant's
photograph and signature as part of the biometric services.

1. An alien in transit (C) or in transit without a visa (TWOV);

Notice to V Nonimmigrants

3. A fiancé(e) or dependent of a fiancé(e)(K)(1) or (K)(2).

The Legal Immigration Family Equity Act (LIFE), signed
into law on December 21, 2000, created a new V visa.
This nonimmigrant status allows certain persons to reside
legally in the United States and to travel to and from the
United States while they wait to obtain lawful permanent
residence.

A spouse (K-3) of a U.S. citizen and his or her children (K-4),
accorded such status pursuant to the LIFE Act, may not
change to another nonimmigrant status.

In order to be eligible for a V visa, all of the following
conditions must be met:
A. You must be the spouse or the unmarried child of a
lawful permanent resident;

2. A crewman (D); or

EXCEPTION: A K-3 and K-4 are eligible to apply for an
extension of status. They should file for an extension during
the processing of Form I-130 filed on their behalf and up to
completion of their adjustment-of-status application.
NOTE: Any nonimmigrant (A to V) may not change his or
her status to K-3 or K-4.

Form I-539 Instructions (Rev. 12/11/09) Y Page 5

General Instructions
Step 1. Fill Out Form I-539
1. Type or print legibly in black ink.
2. If extra space is needed to complete any item, attach a
continuation sheet, indicate the item number, and date and
sign each sheet.
3. Answer all questions fully and accurately. State that an
item is not applicable with "N/A." If the answer is none,
write "None."

Step 2. General Requirements
Required Documentation - Form I-94, Nonimmigrant
Arrival-Departure Record. You are required to submit with
your Form I-539 the original or copy, front and back, of Form
I-94 of each person included in your application. If the
original Form I-94 or required copy cannot be submitted with
this application, include Form I-102, Application for
Replacement/Initial Nonimmigrant Arrival/Departure
Document, with the required fee.
Valid Passport
If you were required to have a passport to be admitted into the
United States, you must maintain the validity of your passport
during your nonimmigrant stay. If a required passport is not
valid when you file Form I-539, submit an explanation with
your form.
Additional Evidence
You may be required to submit additional evidence noted in
these instructions.

Translations
Any document containing a foreign language submitted to
USCIS shall be accompanied by a full English language
translation which the translator has certified as complete and
accurate, and by the translator's certification that he or she is
competent to translate from the foreign language into English.

Where To File?
Updated Filing Address Information
Edition date on form
The filing addresses provided on this form reflect the most
current information as of the date this form was last revised.
If you are filing Form I-539 more than 30 days after the latest
edition date shown in the lower right corner of this form,
please visit us online at www.uscis.gov before you file, and
check the "FORMS" page to confirm the correct filing address
and version currently in use. Check the edition date located in
the lower right corner of the form. If the edition date on your
Form I-539 matches the edition date listed for Form I-539 on
the USCIS "FORMS" page, your version is current. If the
Web site edition date is later, download a copy and use it.
If you do not have Internet access, call the USCIS National
Customer Service Center at 1-800-375-5283 to verify the
current filing address and edition date.
Improperly filed forms will be rejected and the fee returned
with instructions to resubmit the entire filing using the current
form instructions.
Please read the filing instructions carefully and
thoroughly, as they have recently changed.
E-Filing Form I-539
If you are e-filing this application, it will automatically
be routed to the appropriate Service Center, and you
will receive a receipt indicating the location to which it
was routed. This location may not necessarily be the
same Service Center shown in the filing addresses
listed for paper applications. For e-filed applications, it
is very important to review your filing receipt and make
specific note of the receiving location.
All further communication, including submission of
supporting documents, should be directed to the
receiving location indicated on your e-filing receipt.

Copies

1. Filing Form I-539 with a Form I-129

Unless specifically required that an original document be filed
with an application or petition, an ordinary legible photocopy
may be submitted. Original documents submitted when not
required will remain a part of the record, even if the
submission was not required.

All Form I-539s filed with a principal's Form I-129, Petition
for Nonimmigrant Worker, (which includes a request for
change of status or extension of stay), MUST be sent to either
the USCIS California Service Center or the USCIS
Vermont Service Center. See Form I-129 Filing Instructions.
This includes dependents filing with the principal.

Form I-539 Instructions (Rev. 12/11/09) Y Page 6

Note: Dependents filing Form I-539 for a change of status or
extension of stay separately from the principal's application,
and whose principal's application is pending or approved,
should file at the USCIS Dallas Lockbox facility. See number
7 below for additional guidance.
The USCIS California Service Center takes in filings from the
following states and territories:
Alaska, Arizona, California, Colorado, the
Commonwealth of Northern Mariana Islands, Guam,
Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan,
Minnesota, Missouri, Montana, Nebraska, Nevada, North
Dakota, Ohio, Oregon, South Dakota, Utah, Washington,
Wisconsin, or Wyoming.
The mailing address is:
USCIS California Service Center
P.O. Box 10539
Laguna Niguel, CA 92607-1053
The USCIS Vermont Service Center takes in filings from the
following states and territories:
Alabama, Arkansas, Connecticut, Delaware, Florida, Georgia,
Kentucky, Louisiana, Maine, Maryland, Massachusetts,
Mississippi, New Hampshire, New Jersey, New Mexico, New
York, North Carolina, Oklahoma, Pennsylvania, Puerto Rico,
Rhode Island, South Carolina, Tennessee, Texas, Vermont,
Virginia, U.S. Virgin Islands, West Virginia, and the District
of Columbia.
The mailing address is:
USCIS Vermont Service Center
ATTN: I-539
75 Lower Welden Street
St. Albans, VT 05479
2. Applicants filing under the category P-4, Dependents of
Major League Sports, Athletes, or Support Personnel:
File Form I-539 with the USCIS Vermont Service Center.
See address above.
This covers major league athletes, minor league sports, and
any affiliates associated with the major leagues in baseball,
hockey, soccer, basketball, and football. Support personnel
include: coaches, trainers, broadcasters, referees, linesmen,
umpires, and interpreters.
3. Applicants filing under the category "V Nonimmigrant:"
Applicants who are filing Form I-539 under the nonimmigrant
status of V1, V2, V3, or who are requesting nonimmigrant
status of V1, V2, or V3, must file their Form I-539 with the
USCIS Chicago Lockbox facility.

Note: Please See Supplement A to Form I-539 for additional
instructions.
For U.S. Postal Service
USCIS
P.O. Box 7216
Chicago, IL 60680-7216
For Express mail and courier deliveries
USCIS
Attn: VKL
131 South Dearborn- 3rd Floor
Chicago, IL 60603-5517
4. Applicants filing under the categories "A," " G," and
"NATO:"
a. For change of status requests to A, G, or NATO
classification for employment with an embassy,
international organization, or NATO, mail Form
I-539 through your embassy, international
organization, or NATO to:
U.S. Department of State,
Office of Protocol,
3507 International Place, N.W.,
Suite 242
Washington, DC 20008
b. For change of status requests to G classification for
employment with a foreign government's mission to
the United Nations or with the United Nations
Secretariat, mail Form I-539 through the foreign
government's mission or the UN Secretariat to:
U.S. Mission to the United Nations
799 United Nations Plaza
New York, NY 10017
c. For a dependent spouse or child requesting a change of
status to a NATO classification based on the principal's
classification as a NATO nonimmigrant, mail Form
I-539 to:
NATO/HQ SACT Legal Affairs
7857 Blandy Road
Suite 100
Norfolk, VA 23551
If you or the principal or the principal NATO nonimmigrant
through whom you derive your status are posted at a national
component, or as an exchange officer, submit Form I-539 to
your embassy for proper filing through official diplomatic
channels.

Form I-539 Instructions (Rev. 12/11/09) Y Page 7

d. For a change of status from A, G, or NATO
classifications to another nonimmigrant classification,
file Form I-539 with the USCIS Dallas Lockbox facility.
See address below. You must submit an endorsement by
the U.S. Department of State Visa Office, or a USUN
official at Part 7 on the Form I-566, Interagency Record
of Request-A, G, or NATO Dependent Employment
Authorization or Change/Adjustment to/from A, G, or
NATO Status, with Form I-539.
e. For extensions of stay for A-3, G-5, or NATO-7
nonimmigrants, submit your application through your
embassy, international organization, or NATO
command for proper filing through official diplomatic
channels.
5. Applicants filing as a dependent under the category
"E-2 CNMI Investor nonimmigrant:"
Applicants who are filing Form I-539 under the nonimmigrant
status of E-2 CNMI Investor, must file their Form I-539 with
the USCIS California Service Center regardless of whether
filing with the principal's Form I-129.
For U.S. Postal Service:
USCIS
California Service Center
ATTN: E-2 CNMI
P.O. Box 10698
Laguna Niguel, CA 92607-1098
For Express mail and courier deliveries:
USCIS
California Service Center
ATTN: E-2 CNMI
24000 Avila Road
2nd Floor Room 2312
Laguna Niguel, CA 92677
6. Applicants filing under the category "CW-2
nonimmigrant;"
Applicants who are filing Form I-539 under the nonimmigrant
status of CW-2, must file their Form I-539 with the USCIS
California Service Center regardless of whether filing with
the principal's Form I-129CW.

For Express mail and courier deliveries:
USCIS
California Service Center
ATTN: CW-2
24000 Avila Road
2nd Floor Room 2312
Laguna Niguel, CA 92677
7. All other Form I-539 filings should be sent to the
USCIS Dallas Lockbox facility. See address below.
For U.S. Postal Service:
USCIS
P.O. Box 660166
Dallas, TX 75266
For Express mail and courier deliveries:
USCIS
ATTN: I-539
2501 S. State Highway 121 Business
Suite 400
Lewisville, TX 75067
E-Notification
If you are filing your Form I-539 at one of the USCIS
Lockbox facilities, you may elect to receive an email and/or
text message notifying you that your application has been
accepted. You must complete Form G-1145, E-Notification of
Application/Petition Acceptance, and clip it to the first page of
your application. To download a copy of Form G-1145,
including the instructions, click on the link www.uscis.gov
"FORMS."
Special information for applicants residing in the
Commonwealth of the Northern Mariana Islands (CNMI):
If the applicant is lawfully present in the CNMI as described in
8 CFR 212.4(k), the applicant may also apply for a change of
status with this form without having to seek consular
processing. The request for the initial change of status must be
accompanied by an additional biometrics service fee as
described in section 8 CFR 103.7(b)(1) and evidence of the
applicant's lawful presence. The applicant will be required to
submit biometric information before the initial change of
status is granted.

For U.S. Postal Service:
USCIS
California Service Center
ATTN: CW-2
P.O. Box 10698
Laguna Niguel, CA 92607-1098
Form I-539 Instructions (Rev. 12/11/09) Y Page 8

What Is the Filing Fee?
The filing fee for Form I-539 is $300 except for certain A and
G nonimmigrants who are not required to pay a fee, as noted
in these instructions.
An additional biometric fee of $80 is required when filing this
Form I-539 for V nonimmigrant or certain CW-2
nonimmigrant status. After you submit Form I-539, USCIS
will notify you about when and where to go for biometric
services.
If biometric services are required, you may submit one check
or money order for both the application and biometric fees, for
a total of $380.
Use the following guidelines when you prepare your check or
money order for the Form I-539 and the biometric service fee,
if applicable:
1. The check or money order must be drawn on a bank or
other financial institution located in the United States and
must be payable in U.S. currency; and
2. Make the check or money order payable to U.S.
Department of Homeland Security, unless:
A. If you live in Guam, make it payable to Treasurer,
Guam.
B. If you live in the U.S. Virgin Islands, make it payable
to Commissioner of Finance of the Virgin Islands.
NOTE: Spell out U.S. Department of Homeland Security; do
not use the initials "USDHS" or "DHS."
Notice to Those Making Payment by Check
If you send us a check, it will be converted into an electronic
funds transfer (EFT). This means we will copy your check and
use the account information on it to electronically debit your
account for the amount of the check. The debit from your
account will usually take 24 hours and will be shown on your
regular account statement.
You will not receive your original check back. We will
destroy your original check, but we will keep a copy of it. If
the EFT cannot be processed for technical reasons, you
authorize us to process the copy in place of your original
check. If the EFT cannot be completed because of insufficient
funds, we may try to make the transfer up to two times.

How to Check If the Fees Are Correct
The form and biometric fees on this form are current as of the
edition date appearing in the lower right corner of this page.
However, because USCIS fees change periodically, you can
verify if the fees are correct by following one of the steps
below:
1. Visit our Web site at www.uscis.gov, select "Forms"
and check the appropriate fee;
2. Review the Fee Schedule included in your form
package, if you called us to request the form; or
3. Telephone our National Customer Service Center at
1-800-375-5283 and ask for the fee information.
NOTE: If your Form I-539 requires payment of a biometric
service fee for USCIS to take your fingerprints, photograph, or
signature, you can use the same procedure to obtain the correct
biometric fee.

Address Changes
If you change your address and you have an application or
petition pending with USCIS, you may change your address
online at www.uscis.gov, click on "Online Change of
Address" and follow the prompts. You may also complete and
mail Form AR-11, Alien's Change of Address Card, to:
U.S. Citizenship and Immigration Services
Change of Address
P.O. Box 7134
London, KY 40742-7134
For commercial overnight or fast freight services only, mail to:
U.S. Citizenship and Immigration Services
Change of Address
1084-I South Laurel Road
London, KY 40744

Processing Information
Any Form I-539 that is not signed or accompanied by the
correct fee will be rejected with a notice that Form I-539 is
deficient. You may correct the deficiency and resubmit Form
I-539. An application or petition is not considered properly
filed until accepted by USCIS.

Form I-539 Instructions (Rev. 12/11/09) Y Page 9

Initial processing
Once Form I-539 has been accepted, it will be checked for
completeness, including submission of the required initial
evidence. If you do not completely fill out the form, or file it
without required initial evidence, you will not establish a basis
for eligibility, and we may deny your Form I-539.

Requests for more information or interview
We may request more information or evidence, or we may
request that you appear at a USCIS office for an interview.
We may also request that you submit the originals of any
copy. We will return these originals when they are no longer
required.

Decision
The decision on Form I-539 involves a determination of
whether you have established eligibility for the requested
benefit. You will be notified of the decision in writing.

USCIS Forms and Information
To order USCIS forms, call our toll-free number at
1-800-870-3676. You can also get USCIS forms and
information on immigration laws, regulations, and procedures
by telephoning our National Customer Service Center at
1-800-375-5283 or visiting our Internet Web site at
www.uscis.gov.
As an alternative to waiting in line for assistance at your local
USCIS office, you can now schedule an appointment through
our Internet-based system, InfoPass. To access the system,
visit our Web site. Use the InfoPass appointment scheduler
and follow the screen prompts to set up your appointment.
InfoPass generates an electronic appointment notice that
appears on the screen.

Privacy Act Notice
We ask for the information on this form, and associated
evidence, to determine if you have established eligibility for
the immigration benefit for which you are filing. Our legal
right to ask for this information can be found in the
Immigration and Nationality Act, as amended. We may
provide this information to other government agencies.
Failure to provide this information, and any requested
evidence, may delay a final decision or result in denial of
your Form I-539.

Paperwork Reduction Act
An agency may not conduct or sponsor an information
collection and a person is not required to respond to a
collection of information unless it displays a currently valid
OMB control number. The public reporting burden for this
collection of information is estimated at 45 minutes per
response, including the time for reviewing instructions and
completing and submitting the form. Send comments
regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing
this burden, to: U.S. Citizenship and Immigration Services,
Regulatory Products Division, 111 Massachusetts Avenue,
N.W., 3rd Floor, Suite 3008, Washington, DC 20529-2210.
OMB No. 1615-0003. Do not mail your application to this
address.

Penalties
If you knowingly and willfully falsify or conceal a material
fact or submit a false document with Form I-539, we will deny
Form I-539 and may deny any other immigration benefit.
In addition, you will face severe penalties provided by law and
may be subject to criminal prosecution.

Form I-539 Instructions (Rev. 12/11/09) Y Page 10