Form I-539, Application To Extend/Change Nonimmigrant Status
If your dependents are inside the US and need to change to, or extend their status, they must file the Form I-539. As a courtesy to you, a UW employee, we will include* your dependent(s) application with the employee's immigration petition if you choose to file a paper I-539. Some dependents can file the I-539 online. To see if your dependent can file the I-539, check their eligibility on the USCIS website.

If you choose to file a paper application, here are a few resources/tips.
  • USCIS Filing Fees - look under Form I-539
    • USCIS will accept filing fees in the form of a personal check or money order from a U.S. bank payable to the “U.S. Department of Homeland Security”. This cannot be paid or reimbursed by the UW.
    • You can include all fees in one check or money order.
    • How to write a check
  • Suggested documentation to include for your dependents:
    • Spouse only - Marriage certificate
    • Children only - Birth certificate
    • Copies of the biographical pages from passport for each dependent
    • Most recent visa stamp for each dependent
    • Most recent I-94 entry document for each dependent
    • Prior H-4 approvals (if this is an extension; if your dependent obtained H-4 status upon entry to the U.S. they will not have an H-4 approval from USCIS)
    • Most recent I-20 if your dependent is currently an F student
    • DS-2019s (formerly IAP66s) if your dependent was ever a J-1 or J-2
    • Dependents work authorization document (EAD), if applicable
    • Other relevant documentation you would like to provide with the I-539 application
  • Upload, drop off, or mail your Form I-539 petition and filing fees to the address listed below. Include your name (the UW employee) when mailing or dropping off filing fees/documents so that we know whose application it goes with. 
702 Langdon Street, Suite 130
Madison, WI 53706

What if my dependents are outside the US?
H-4, O-3, TD, and E-3D dependents who are outside the U.S. do not need to file the I-539. These dependents obtain their status by requesting a visa appointment at a U.S. Consulate/Embassy and presenting the employee’s approval notice (the I-797A or B) along with the marriage certificate (for spouses) or birth certificate (for children under the age of 21).
  • EXCEPTION: TD dependents who are exempt from obtaining a US visa stamp will obtain TD status at CBP when entering the US. 

IFSS cannot advise on the Form I-539 since it is a personal petition. We cannot give legal advice to an employee’s family member(s). As a courtesy to the employee, we will send the Form I-539 with the supporting documentation along with the employee’s petition. We will not review the I-539 for completeness or for errors.

IFSS cannot submit an I-539 if we are not filing a petition for the employee. The I-539 can be filed separately from the employee’s H-1B petition, independently on your own via paper or online. If you or your dependents would like assistance on the I-539, please consult an immigration attorney. IFSS can provide a list of local attorneys, if requested.
Additional Resources:
Who Can Be a Dependent?
Dependent Work Permission