Extension of Status (EOS)
An Extension of Stay (EOS) allows certain nonimmigrants already in the U.S., most commonly F-1 and J-1 visa holders, to request additional time in their current status beyond the date listed on their Form I-94, without having to leave the country. For example; if you need more time to complete your current program of study, begin a new program of study, or engage in post-completion OPT, STEM OPT, or Academic Training (for J-1 students), you'll need to take extra steps to remain lawfully present in the United States. This starts with requesting an updated I-20 or DS-2019 for Program Extension from your DSO, followed by submitting Form I-539 to request an EOS with USCIS, along with the required supporting documents, filing fee and possible biometrics. If USCIS approves the request, it will issue a new Form I-94 showing an updated Admit Until Date (AUD), permitting you to stay in the U.S. for the approved period (including a 30-day grace period).
Alternatively, if you'd prefer not to file an EOS with USCIS, you can instead depart the U.S. and seek re-entry with an extended Form I-20 or DS-2019, provided you hold a valid visa, a valid passport, and are not a national of a country currently subject to U.S. travel ban list. Upon re-entry, you'll be issued a new Form I-94 reflecting your updated authorized stay (including your 30-day grace period).
Keep in mind that an EOS extends only your authorized stay and it does not extend your academic program or exchange visitor activity. Before filing, students and scholars must first get the extension on their Form I-20 or DS-2019.
Process:
Step 1: Confirm eligibility and gather documents: This typically includes a completed Form I-539 (and Form I-539A for each additional applicant/dependent), a copy of the passport biographic page, the current Form I-94, evidence of continued eligibility for the requested status, and proof of financial support. Additional documents such as proof of transcripts, proof of enrollment and academic support letter may be required.
- Important Note: USCIS has announced that starting September 15, 2026, a revised edition of Form I-539 (and Form I-765) will take effect, tied to a new DHS final rule ("Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure") affecting F and J nonimmigrant categories. There is no grace period and the prior form edition will be rejected if submitted on or after that date.
Step 2: File before your Form I-94's Admit Until Date (AUD) expires: The application must reach USCIS before the current authorized stay ends. Filing on time generally places the applicant in a period of authorized stay while USCIS decides the case. This protects against accruing unlawful presence, though it is not the same as maintaining lawful status.
Important Notes:
- F-1 students who timely file an EOS application and the Form I-539 is received by USCIS before the program end date listed on their Form I-20/DS-2019 can continue certain work authorization automatically for up to 240 days while the EOS is pending. This covers: On-campus employment, Curricular Practical Training (CPT), and Pre-Completion OPT. If the EOS is filed during a grace period (rather than before the program end date), the student may continue studying but cannot continue or begin practical training or other employment until the EOS is approved.
- If USCIS has not decided the case by day 240, the student must stop working immediately, even if they remain in a period of authorized stay and can continue studying. For example; If the EOS is denied, or the 240-day window runs out first, all covered employment must stop right away.
- This 240-day provision is separate from the existing 180-day automatic extension for timely filed STEM OPT applications and the H-1B cap-gap rules, both of which remain unchanged.
- If the primary F-1 or J-1 needs an EOS, dependents will also need to obtain additional authorized stay unless they independently obtain another lawful immigration status or another period of admission. Dependents are typically included in the same EOS filing as the primary applicant when appropriate. We do suggest working with an immigration attorney to ensure that all required materials for applications are submitted together.
Step 3: Submit I-539 Application on USCIS’s Portal and Pay the Filing Fee (and biometrics fee, if applicable): File through “myUSCIS” online account and upload all the supporting documents (see #1).As of the current USCIS fee schedule, the standard I-539 fee is $420 for online filing.
Step 4: Receive a receipt notice: USCIS issues Form I-797C confirming acceptance and providing a case number for online status tracking.
Step 5: Attend biometrics, if required: USCIS will send a separate appointment notice; attendance is mandatory.
Step 6: Wait for a decision: Processing times vary widely by category and service center commonly ranging from a few months to well over a year. Applicants should check the USCIS Processing Times tool for current, category-specific estimates rather than relying on general averages.
Important Notes:
- Respond to any Request for Evidence (RFE): If USCIS needs more documentation, it will issue an RFE with a deadline to respond. Please contact ISO immediately.
- Applicants filed before their I-94 expiration are generally in a period of authorized stay while the case is pending.
- Traveling abroad while an I-539 is pending is usually treated as abandoning the application.
- If the application is denied, the applicant should leave the U.S. promptly, since unlawful presence typically begins accruing from the date of denial (or from the prior I-94 expiration if the case was filed late).
Step 7: EOS application is approved: USCIS issues an updated I-94 reflecting the new authorized period and 30-day grace period.