How to Get Your B1 Business Visa Extended

Co-authored by Clinton M. Sandvick, JD, PhD

Updated: July 28, 2019

Explore this Article Assessing Your Eligibility for an Extension Applying for an Extension Filing Your Paperwork Show 1 more... Show less... Ask a Question Related Articles References

If your original period of stay on a nonimmigrant B-1 visa is coming to an end, but you need more time in the United States to continue your business trip, you will have to ask the United States Citizenship and Immigration Services (USCIS) for an extension.[1] You cannot ask for an extension unless you are eligible for one. If you think you're eligible, you need to fill out your extension application, file it with USCIS, and follow its progress through completion.

Part 1
Assessing Your Eligibility for an Extension

  1. 1
    Check your existing B-1 visa and associated paperwork. If you want to extend your stay in the United States, you need to plan ahead. USCIS recommends that you file an extension application at least 45 days before your stay expires. To find out when your B-1 visa expires, you will need to look at a copy of your USCIS Form I-94, which is your Arrival - Departure Record. In the lower right hand corner of that record, you will see your visa's expiration date. An extension will only be granted if you are in the United States lawfully and your B-1 visa has not expired.[2]
    • In some circumstances, you may find that your business travels will not last as long as your visa, in which case you will not need to get an extension. For example, assume you have a three month training in the United States and you were granted a six month B-1 visa. If, after your three month training was completed, you were asked to stay for another two month training, your visa would cover the extended stay. Therefore, in this situation, you would not need to ask for an extension.
  2. 2
    Avoid committing a crime that would make you ineligible for an extension. In order to be eligible fro a B-1 visa extension, you must not have committed any serious crimes during your stay in the United States.[3] For example, any crime involving moral turpitude can make you ineligible. Moral turpitude is not clearly defined within the law but is considered to be any crime, regardless of its seriousness, that involves some sort of moral wrong (e.g., lying, fraud, evil intent, recklessness).[4] In addition, a lot of drug crimes and prostitution are considered ineligibilities.
    • However, something like a parking ticket or speeding ticket is not likely going to make you ineligible unless you lie about it or try to evade punishment. At that point, it could turn into a crime of moral turpitude.
    • A more complete list of disqualifying crimes can be found on USCIS Form I-539, Part 4.[5]
  3. 3
    Make sure you have not violated the conditions of your admission into the United States. When you were granted your initial B-1 visa, you received it because you met certain eligibility criteria. For example, your reason for entering the United States must be for a legitimate business reason, you must have the funds available to support yourself throughout your stay, and you must only intend to stay for a short period of time.[6] In order to get an extension, you must have abided by, and continue to abide by, these conditions.[7]
    • For example, you might be denied an extension if you do not have the funds available to continue to support yourself while in the United States. While this is not a crime, it could be a violation of one of the conditions of your being in the United States.
  4. 4
    Ensure your passport will be valid for your entire stay. In order to extend your visit in the United States, your passport must remain valid for the entire length of your stay.[8] If your passport will expire while in the United States, you will not be granted an extension and you will have to go to your home country to get a new passport.
    • For example, assume you received a B-1 visa that lasts two months. Further assume your passport, at the time you received your visa, had three months before it expired. If you wanted to extend your B-1 visa for an extra two months (i.e., you want to stay in the United States for four months total), you would be unable to do so because your passport will expire before those four months are up.

Part 2
Applying for an Extension

  1. 1
    Obtain a copy of USCIS Form I-539. If you are eligible for a B-1 visa extension, you will need to file a request with USCIS. This request will need to be filed on USCIS Form I-539.[9] Form I-539 is the Application to Extend/Change Nonimmigrant Status. This form can be obtained by visiting the USCIS website.[10] If you do not have consistent access to the internet, you can get the form by calling USCIS at 1-800-870-3676 and providing the following information:[11]
    • The form number (i.e., Form I-539) and how many copies you need
    • Your name and your mailing address
  2. 2
    Provide your personal information. When it comes time to fill out Form I-539, you will start by completing Part 1. Part 1 asks for your personal information. When you fill out the application, make sure you type or use a black pen. When you answer questions, give complete and honest answers. Failure to do these things may cause your application to be rejected.[12] Part 1 of Form I-539 asks for the following information:[13]
    • Alien Registration Number
    • USCIS ELIS Account Number
    • Name
    • Mailing address
    • Physical address
    • Country of citizenship/birth
    • Date of birth
    • Date of arrival in the United States
    • Information from your I-94
  3. 3
    Indicate the type of application you are filing. Part 2 of your application requires you to check a series of boxes telling USCIS what type of application you are filing. Because you are filing for a B-1 visa extension, you will most likely check the box numbered "1" in Part 2. Next, assuming you are the only applicant, you will check the box numbered "4" in Part 2.[14]
  4. 4
    Provide any required additional information. The final pieces of your application ask you to provide USCIS with some information that will help them process your application. For example, you need to provide USCIS with how much of an extension you need, information about your current passport, and information about the circumstances of your stay in the United States. All of this information will be input in Part 4 of Form I-539.[15]
  5. 5
    Sign the form. Part 5 of Form I-539 asks you to certify that you understand the form you are filling out. In addition, after you make this certification, you will sign and date the form. If you had the help of an interpreter, they will also need to sign the form and answer a few questions.[16]
  6. 6
    Attach your original Form I-94. Once your I-539 is complete, you must attach your original I-94.[17] If you do not have your original I-94, you can obtain a copy from the United States Customs and Border Protection (CBP). To do this, visit their website and print an official copy.
  7. 7
    Create a written statement. As a final attachment to your extension application, you must submit a written statement that details why you are making an extension request, why your extended stay would be temporary, your arrangements for leaving the country, and the effect your extended stay would have on your foreign employment or residency.[18]
    • As a part of this written statement, you are going to have to prove the legitimacy of your extended stay. This means you will have to provide USCIS with documentation that will convince them that your extension is legitimate and necessary. The documentation you provide might include written statements from business associates, pamphlets from training programs, a list of references, and financial statements proving that you have paid for the training classes.

Part 3
Filing Your Paperwork

  1. 1
    Find the address where you will send your application. The USCIS website provides all the information you need about where to send your completed application and attachments. If you do not have consistent access to the internet, you can call 1-800-375-5283 for information.[19] Form I-539 is usually submitted in paper through the mail. If you choose this method, you will send your form to the following address: USCIS P.O. Box 660166, Dallas, TX 75266.[20] Be sure you check with USCIS often to ensure you are sending your application to the correct location.
    • While there are other addresses where an I-539 can be sent, those addresses are for different, unrelated processing actions. For example, someone filing for a V visa would send their forms to Chicago.
  2. 2
    Pay the filing fee. Before you mail your application, you need to attach a check or money order to cover the filing fee. As of 2016, the filing fee is $290. The check or money order you use will have to be drawn on a bank or other financial institution within the United States and must be payable in United States currency. The check or money order must be made out to "U.S. Department of Homeland Security". It cannot be made out to "USDHS" or "DHS".[21]
  3. 3
    Determine if you are filing in a timely manner. If you are filing your extension application at least 45 days in advance of your B-1 visa expiring, you should have your application processed before your authorized stay expires. The sooner you file the better. However, if you file your extension application after your visa expiration date, you will have to include a written statement with your application that demonstrates the following:[22]
    • The delay in filing was due to extraordinary circumstances that were out of your control
    • The delay in filing was reasonable
    • You have not violated your status in any other way
    • You are still a nonimmigrant
    • You are not currently taking part in removal proceedings
  4. 4
    Mail your documents. Once you have your entire application package put together, send it to the correct address. At this point, your extension application will be considered filed. You cannot currently file USCIS Form I-539 online.[23]

Part 4
Checking the Progress of Your Application

  1. 1
    Look for a receipt in the mail. Once your application has been received by USCIS, they will send you a receipt in the mail. The receipt you receive will have tracking information and instructions to help you check the progress of your application.[24]
  2. 2
    Visit the USCIS website for current processing times. The time it takes USCIS to process your application varies depending on the complexity of your case and how many applications are coming in at any given time. the USCIS website offers an interactive chart you can use to estimate how long your application will take to process. To use the chart, visit the website and choose the field office or service center that is handling your application. Based on this information, USCIS will give you a date when you can expect a decision.[25]
  3. 3
    Understand how your application will be initially reviewed. When USCIS reviews your application, they will initially look for completeness. If you do not completely fill out your extension application, which includes any required attachments, your application may be denied. In addition, if you fail to sign your Form I-539 or send in the correct fee, your application will not even be accepted. If this happens, you will have the opportunity to correct these things and refile.[26]
  4. 4
    Reply to requests for more information. In some cases, USCIS might request additional information and may even ask to conduct an interview.[27] If you get one of these requests, make sure you comply in a timely manner. Failure to do so may result in your application being denied.
  5. 5
    Await a final decision. USCIS will inform you of their decision in writing.[28] Even if you are eligible and you fill out your forms correctly, the final decision is discretionary and is made based on a number of factors (e.g., your situation, your status, and your reason for wanting to stay). If USCIS grants your extension, they will determine how long you can stay. In general, a B-1 visa can be extended up to a maximum of six months.[29]

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