Visa Extensions

When admitted to the United States, a Government official at a U.S. port of entry examined immigration documentation and, in most cases, issued a Form I-94 (Arrival-Departure Record) or Form I-94W (Nonimmigrant Visa Waiver Arrival-Departure Record).  The I-94/I-94W shows the nonimmigrant status and the length of time one can legally remain in the United States. Note that the I-94/I-94W shows how long one is permitted to remain in the United States, but the nonimmigrant visa (if a visa was issued) does not. A visa only shows when and how many times one may seek admission to the United States from abroad based on the classification noted on the visa.

One may apply for an extension of stay in the United States if:

• The applicant was lawfully admitted into the United States as a nonimmigrant;
• The applicant has not committed any act that makes him/her ineligible to receive an immigration benefit;
• There is no other factor that requires the applicant to depart the United States prior to extending status (for example, a USCIS officer may determine that the applicant should obtain a new visa prior to extending his/her status); and
• The applicant can submit an application for an extension of stay by mail; can electronically file using (e-filing); or can file online using USCIS ELIS for an extension of stay before the expiration date on the Form I-94. (There are certain very limited circumstances under which USCIS will excuse a late submission).

Note:  The applicant’s passport must be valid for the entire requested period of stay in the United States.  Other restrictions apply.

If the extension is filed, yet has not been approved prior to the expiration of the I-94(or W), although out of status, the applicant may be permitted, depending on the classification, to continue the previously authorized employment for a maximum period of 240 days while the extension application is pending. The applicant may be required to stop working immediately when the first of the following events occurs:

• 240 days elapses from the date the I-94 expires; or
• USCIS has made a final decision denying the extension.

If the application for an extension of stay is approved, the approval will relate back to the date the Form I-94 expired, and the status during the pendency of the application will then be considered to have been lawful.  If the application is denied, the applicant may be required to cease employment and depart the United States immediately.