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How employers can help extend the stay of non-immigrant workers

On Behalf of | Jun 28, 2020 | Firm News

North Carolina business owners who wish to extend an employee’s time in the country are required to submit a completed I-539 form. This form is the official application for a change or extension to non-immigrant status and must be completed before the authorized stay of an employee expires.

An employee stay can be extended by U.S. Immigration Services under the following circumstances: The employee is in possession of a non-immigrant visa that allowed him or her to lawfully enter the United States, the non-immigrant visa possessed by the employee is still valid, no crimes were committed by the employee that would negate visa eligibility, and the conditions of the employee’s admission to the country have not been violated. In addition, the employee’s passport must be currently valid and remain so for the time extension is requested.

The first thing needed to extend the stay of employee with non-immigrant status is a completed and signed I-539 application. The process can vary a bit depending on the specific non-immigrant status enjoyed by the employee, but the instructions needed to complete the process are on the back of the application. Employees should be sure that they have included all necessary supporting documents as well as the filing fee with their application.

The employee will receive notice of receipt of the I-539 once it reaches the appropriate office. The employee will be notified in writing once a decision is reached.

Employers who wish for non-immigrant employees to remain in North Carolina for work should make sure the employee submits an accurate I-539 before their current visa expires. The employee is allowed to continue work in the United States while awaiting a decision on their I-539 extension request and is free to work until the new date they are given is reached. An immigration law attorney may help ensure that all paperwork is submitted correctly and all requirements are met.