Can I extend my stay in the US on a B-1/B-2 visitor visa, and for how long?

Checked on 2026-10-25

Yes, if you entered with a B-1 or B-2 visa and kept to its terms. File Form I-539 with USCIS before the date on your I-94 runs out; USCIS suggests at least 45 days ahead. The regulation allows extensions of up to six months each. Visa Waiver (ESTA) visitors cannot extend.

Key facts

What	The source says	Source
First admission	B-1 or B-2 visitors may be admitted for not more than one year; a B-2 visitor issued an I-94 gets at least six months unless an exception is approved for good cause	8 CFR 214.2(b)(1)–(2)
Length of each extension	Not more than six months each	8 CFR 214.2(b)(1)
Form	Form I-539, Application to Extend/Change Nonimmigrant Status, filed with USCIS online or by mail	USCIS, Extend Your Stay; USCIS, I-539
Deadline	Before the authorized stay on your Form I-94 expires; USCIS recommends at least 45 days before	USCIS, Extend Your Stay; USCIS, I-539 (When to File)
Who can’t extend	Visa Waiver Program (ESTA), crew (D), transit (C), transit without visa, fiancé(e) (K), S nonimmigrants	USCIS, Extend Your Stay; 8 CFR 214.1(c)(3)
Filing late	Excused only for extraordinary circumstances beyond your control, a reasonable delay, no other status violation, still a bona fide nonimmigrant, and not in removal proceedings	USCIS, I-539 (When to File); 8 CFR 214.1(c)(4)
Studying	Enrolling in a course of study as a visitor violates B status	8 CFR 214.2(b)(7)

Who can ask for more time

USCIS’s guidance says you may apply to extend your stay if you were lawfully admitted with a nonimmigrant visa, your status is still valid, you have not committed crimes that would make you ineligible for a visa, you have not broken the conditions of your admission, and your passport stays valid for the whole stay.

The date that matters is the one on your Form I-94, Arrival-Departure Record, not the expiry date printed on the visa. USCIS tells you to check the I-94 to see when your authorized stay ends.

How long you can get

The regulation lets USCIS grant B-1 and B-2 visitors extensions “in increments of not more than six months each”. The first admission as a visitor can be up to one year, and a B-2 visitor who gets an I-94 is admitted for at least six months, unless an exception is approved in an individual case for good cause.

When and how to file

You file Form I-539 with USCIS before your authorized stay runs out. USCIS recommends filing at least 45 days before. If you file after the I-94 date, USCIS can excuse the delay only under the conditions in the table above; otherwise you are out of status. USCIS warns that staying longer than authorized may bar you from returning and/or get you removed (deported). USCIS lists the filing fee on its Fee Schedule page.

Not covered here

Academic students (F), exchange visitors (J) and foreign media representatives (I): USCIS says a July 2026 rule on their admission periods is postponed by a court order of 14 September 2026, so their rules may change.

Visa Waiver (ESTA) visitors can’t extend at all: see the page on ESTA and the 90-day limit.
To study instead of visiting, you need a change of status to F-1 or M-1 approved first (8 CFR 214.2(b)(7)).

Sources

8 CFR 214.2(b), Visitors (eCFR, current as of 2026-10-22) checked 2026-10-25
8 CFR 214.1(c), Extensions of stay (eCFR, current as of 2026-10-22) checked 2026-10-25
USCIS: Extend Your Stay checked 2026-10-25
USCIS: I-539, Application to Extend/Change Nonimmigrant Status (When to File) checked 2026-10-25

Change history

2026-10-25: Page created

This is general information, not legal advice, and Lumen is not a law firm. Rules change and offices differ: check the official sources above before you act. Found something wrong or out of date? Write to support@lumen.observer.