Last Updated On: October 3, 2025
Understanding your I-94 Arrival/Departure Record is one of the most critical steps in maintaining lawful immigration status in the United States. Many nonimmigrants mistakenly assume that their visa expiration date determines how long they can stay in the U.S. — but in reality, your I-94 expiration date is the key. When that date approaches, you may need to file for an I-94 extension to continue staying in the country legally.
With frequent changes in immigration regulations and global travel policies, it is more important than ever to verify your I-94 information and take timely action if an extension is required. At Green Card Link, its immigration attorneys provide detailed guidance on the I-94 extension process, ensuring that nonimmigrant visitors can maintain lawful status without unnecessary stress or confusion.
Table of Contents
- I-94 Arrival/Departure Record, Explained
- I-94 Extension Process
- Required Documents for I-94 Extension
- I-94 Extension Fees
- I-94 Extension Processing Time
- I-94 Extensions and COVID-19 Updates
- How Immigration Attorneys at Green Card Link Can Help
I-94 Arrival/Departure Record, Explained
Every nonimmigrant entering the United States is issued an I-94 record — an official document that confirms lawful entry and specifies the date by which the individual must leave the country.
If you arrive by air or sea, U.S. Customs and Border Protection (CBP) automatically creates an electronic I-94 based on your travel details, eliminating the need for a paper form. Travelers entering by land may still receive a paper version of the record.
Your I-94 validity period depends on your visa category and purpose of travel. In some cases, it may be marked as D/S (Duration of Status), meaning it remains valid as long as you maintain your visa status.
When departing the U.S., CBP records your exit electronically for air and sea departures using the carrier’s manifest. If you entered via land, you must return your paper I-94 to CBP upon exit.
You can view and print your I-94 record at the official CBP website to confirm your admission status and expiration date.
I-94 Extension Process
If your I-94 expires before your visa, you must apply for an I-94 extension to remain lawfully in the United States. However, not all visa holders are eligible for this extension.
Eligible I-94 Holders
You may apply for an I-94 extension if you:
- Entered the U.S. legally with a valid visa
- Have not committed any act that makes you ineligible for a visa
- Currently maintain valid nonimmigrant status
- Hold a passport that remains valid throughout your intended stay
- Have not violated the terms of your admission
Ineligible Visa Categories
You are not eligible for an I-94 extension if you entered under any of the following visa categories:
- C (Alien in Transit)
- D (Crewman)
- K-1 or K-2 (Fiancé(e) or Dependent)
- S (Witness or Informant)
- TWOV (Transit Without Visa)
- WT or WB (Visa Waiver Program)
It is recommended to file your I-94 extension at least 45 days before the current record expires to avoid status complications.
Form I-539: Application to Extend or Change Nonimmigrant Status
Most nonimmigrants must complete Form I-539 to request an I-94 extension. This includes visa categories such as:
A-3, B-1, B-2, G-5, H-4, K-3, K-4, L-2, M, N, NATO-7, O-3, P-4, R-2, TD, and all V visas.
The form will ask for information such as:
- Full name, date of birth, and current U.S. address
- I-94 number, passport details, and date of last U.S. entry
- Current visa category and expiration date
- Names and details of dependents included in the application
- Requested new departure date
- Permanent address abroad
- Immigration petition history, if any
- Any criminal background information
Although the form still includes questions related to the Public Charge Rule from prior immigration policies, the U.S. Citizenship and Immigration Services (USCIS) has clarified that applications filed after July 29, 2020, are adjudicated under pre-existing regulations and do not apply the public benefits condition.
I-94 Extension for Employment-Based Visa Holders
For employment-based visa holders, the I-94 extension process is slightly different. In these cases, your employer must submit Form I-129, Petition for a Nonimmigrant Worker, to extend your stay.
Eligible employment-based categories include:
E-1, E-2, E-3, H-1B, H-2A, H-2B, H-3, L-1A, L-1B, O-1, O-2, P-1, P-2, P-3, Q-1, R-1, TN-1, and TN-2.
If your spouse and unmarried children under 21 wish to remain in the U.S. with you, they must file Form I-539 as dependents. Only one Form I-539 is required per family, and it should be filed together with your employer’s I-129 to ensure both applications are processed concurrently.
How Immigration Attorneys at Green Card Link Can Help
Navigating the I-94 extension process can be stressful — especially when time is limited or your immigration status depends on it. At Green Card Link, its experienced immigration attorneys assist clients in reviewing their I-94 details, completing forms correctly, gathering supporting documents, and submitting timely extension requests.
With their deep understanding of U.S. immigration law and extensive experience handling nonimmigrant cases, the team ensures your application is accurate, compliant, and positioned for approval. Whether you are extending a visitor visa, dependent status, or employment-based stay, Green Card Link provides the professional legal support you need for peace of mind and continued lawful presence in the United States.
I-94 Extension: Required Documents, Fees, and Processing Time
Documents Required for I-94 Extension
Each visa category requires specific supporting documents when submitting Form I-539 for an I-94 extension. Generally, applicants must include copies of their I-94 arrival/departure record, passport identification pages, visa approval notices, and proof of U.S. residence. Additional evidence may be needed based on your individual visa classification.
For complete details about the required documentation for your visa category, review the official USCIS I-539 instruction sheet.
If your employer is filing Form I-129 on your behalf, the necessary documentation will differ based on the type of employment-based visa. You can find a detailed list of supporting materials in the USCIS I-129 instruction guide.
I-94 Extension Filing Fees
The filing fees for an I-94 extension vary depending on your visa type, but typically start around $455. Below is a general fee breakdown:
- Form I-539: $370
- Biometrics Fee: $85
- Form I-129 (employment-based visas): $460
These fees are subject to change, so applicants should always confirm the most current amounts directly with USCIS before submitting their applications.
I-94 Extension Processing Times
Filing an I-94 extension does not guarantee approval. If you submit your application before your authorized stay expires but do not receive a decision before your departure date, you will not be considered out of status until USCIS issues a ruling.
If your extension is later approved, the period you remained in the U.S. while waiting for a decision will be considered lawful.
You can check USCIS processing times by visiting the official website, selecting Form I-539, and choosing the relevant service center. Processing times vary depending on your visa category and filing location—ranging from approximately 2 months to over 16 months. USCIS updates these estimates monthly.
If you file your I-539 online, you can monitor your case through your USCIS account and respond promptly to any requests for additional evidence (RFEs). Applicants who file by mail will receive a receipt notice with a tracking number, which can be used to check the application status and expected processing time.
I-94 Extensions and COVID-19 Considerations
The COVID-19 pandemic has caused widespread travel disruptions and unexpected delays. Recognizing these challenges, USCIS allows certain late filings if the delay was directly related to pandemic circumstances.
Applicants must submit credible evidence explaining the reason for late submission—such as flight cancellations, medical issues, or government travel restrictions—to have their case considered for excused delay.
To avoid complications, USCIS strongly encourages applicants to file I-94 extensions as early as possible.
How Green Card Link Can Help
At Green Card Link, its immigration attorneys are highly experienced in handling I-94 extensions and other related immigration filings. They have successfully assisted numerous nonimmigrant clients in securing extensions—even in cases where filings occurred after the I-94 expiration.
With the complexity of varying document requirements and the potential confusion between visa expiration dates and I-94 validity periods, working with the immigration attorneys at Green Card Link ensures your case is filed correctly, efficiently, and with the highest chance of approval.
Get started today with Green Card Link to protect your legal status and maintain uninterrupted stay in the United States.