Instructions For Form I-539 - Application To Extend/change Nonimmigrant Status (Page 2 of 16) in pdf

An original letter from your employer stating:

(1)

Your duties;

(2)

That the employer intends to personally employ you for the entirety of your contract; and

(3)

Arrangements you have made to depart from the United States; and

An original Form I-566, certified by DOS, indicating your employer's continuing accredited status.

NOTE: There is no fee required for any A-1, A-2, or A-3 applicant with Form I-539.

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 for each person

included in your application. In addition, you must submit a written statement explaining in detail:

The reasons for your request;

The reasons why your extended stay would be temporary, including what arrangements you have made to depart

from the United States; and

Any effect the extended stay may have on your foreign employment or residency.

If you are applying for a change of B-1, visitor for business status, you must designate your desired status using the

following classification in Part 2., Item Number 2.a. of Form I-539:

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

B-1B, nonimmigrant domestic servant of a U.S. citizen;

B-1C, nonimmigrant who is employed by a foreign airline;

B-1D, nonimmigrant who is a missionary; and

B-1, all other visa classifications not designated above.

Dependents (CW-2) 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:

Evidence of lawful presence in the Commonwealth of the Northern Mariana Islands (CNMI) as defined in 8 CFR

214.2(w)(1)(v); and

Evidence of each applicant's relationship to the CW-1 transitional worker, such as a birth certificate or marriage

certificate and proof of termination of any prior marriages; and

One of the following:

(1)

Form I-129CW, Petition for a Nonimmigrant Worker in the CNMI, filed on behalf of the CW-1 transitional

worker;

(2)

A copy of the I-797 Receipt Notice related to the transitional worker's already pending petition;

(3)

A copy of the front and back of the transitional worker's most recent Form I-94; or

(4)

A copy of the I-797 Approval Notice showing the transitional worker has already been granted status for the

period requested on your application.

NOTE: Dependents of CW-1 transitional workers must apply for extension/change of status to CW-2 on this form.

An employer must file Form I-129CW to obtain CW-1 status on behalf of an employee or prospective employee.

Dependents of a Principal E Nonimmigrant

The principal E nonimmigrant classifications include: E-1 Treaty Traders and their E-1 employees, E-2 Treaty

Investors and their E-2 employees, E-2 CNMI Investors, and E-3 Australian Specialty Occupation Professionals.

Form I-539 Instructions 12/23/16 N

Page 2 of 16

Instructions For Form I-539 - Application To Extend/change Nonimmigrant Status Page 2

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