The Team
We have deep expertise in business immigration, having worked at some of the largest corporate firms in the past before joining Waypoint Immigration USA to focus on personal, individual representation. Business immigration as a field tends to focus too much on the corporate employer sponsor and not enough on the needs of the individual employee and their family. We turn around and ensure that individual people get the advice and service that they need.
We work with students on F-1 status to change, extend, or reinstate that status, or obtain OPT or STEM OPT work authorization. We also work with business professionals who need temporary B-1 status and visitors and tourists who need temporary B-2 status. We also work with employees in the United States who need better, more personal solutions for their loved ones and file I-539 Change of Status and I-539 Extension of Status applications for spouses and children of temporary workers.
Applicants for an I-539
Change/Extension of Status
The I-539 application is used for changing or extending nonimmigrant (temporary) status in the United States. This form is used for individual applicants and not those who have a formal employer sponsor.
This application is for people who are already present in the United States, not for people outside of the United States. An I-539 approval will secure status for a person while they are physically present in the United States. If that person travels abroad, a separate visa stamp is required for re-entry to the United States. Those who are currently outside the United States should book our Consular appointment instead.
The I-539 carries significant legal implications for future travel, status, or residence in the United States. The questions asked on this form will be added to the permanent A-file, and attention to detail is critical. Our attorneys have the necessary expertise to help our clients understand all of the implications and successfully apply for the status they are qualified for while staying in the United States.
Every person present in the United States needs their own status document (i.e. their own I-94). Approval of an employer petition does not secure status for a spouse or children. If a spouse and children are present in the United States, they usually need to file Form I-539 to extend their own status when their spouse/father/mother gets an extension with their employer. We support families of all shapes and sizes in securing their status.
Eligibility for a Concurrent
I-765 EAD Application
Certain temporary visitors are allowed to apply for a work permit, or Employment Authorization Document (EAD) on Form I-765.
F-1 students pursuing Optional Practical Training (OPT) or a STEM OPT extension are authorized to work if they have a valid EAD card. The I-765 application for such work authorization may be submitted concurrently with the I-539.
If a spouse is on H-1B status and is already “in line” for permanent residence by virtue of having obtained an I-140 approval notice and security a priority date, then their derivative spouse that is on H-4 status may apply for work authorization through an H-4 EAD application. The H-4 EAD application can be applied concurrently with H-4 status by submitting forms I-539 and I-765 together.
J-2 spouses of J-1 nonimmigrants are eligible for work authorization but may not apply concurrently for J-2 status and the J-2 EAD. The J-2 status must be granted first through an I-539 application, and then the J-2 EAD application can be filed on the I-765 form.
L-2 and E-2 spouses may be authorized to work automatically without the need to apply for an EAD card. Speak with an attorney to determine if the documentation properly reflects this automatic work authorization.
Not every spouse is eligible for work authorization, and children on dependent status are never eligible. Many categories do not allow for spousal work authorization at all. Additionally, working without authorization can have significant negative implications both for a current authorized stay and for future travel options to the United States. It is important to understand the work authorization or lack of authorization that accompanies each visa type.
Premium Processing
Change or Extension of status requests for F-1, F-2, M-1, M-2, J-1, and J-2 applications can be accompanied by premium processing requests. USCIS may update this list in the future. Always check the official USCIS Premium Processing website for up to date information.
Who We Help
F-1 Students
Starting September 15th, international students in the United States will be able to obtain F-1 status for their program duration up to a maximum of 4 years. Waypoint Immigration USA files initial I-539 Change of Status applications but also the I-539 Extension requests and the I-539/I-765 OPT and STEM OPT applications.
Tourists and Family Visitors
People who are already in the United States on various statuses may find themselves in need of a temporary stay for medical treatment, visiting family, ensuring the ability to take tourist trips, or other such activities after losing the status they first used to enter the United States. The I-539 Change of Status to B-2 Visitor is an option to explore. The kinds of activities permitted on this status are limited.
Note that filing the I-539 does not result in a 10 year B1/B2 visa stamp. The I-539 approval usually results in status for a 6 month period of time, and extensions are only granted if there are special, extenuating circumstances.
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Business Professionals
At times, professionals in the United States on other status have sponsorship end but need to be present for professional meetings or other business activities. We assist professionals in this situation to obtain B-1 Visitor Status. This kind of visa does not allow for work authorization, but certain business activities may be permitted. Waypoint Immigration USA helps to determine if activities are permitted under the B-1 program or if they would constitute unauthorized work.
Note again that filing the I-539 does not result in a 10 year B1/B2 visa stamp. The I-539 approval usually results in status for a 6 month period of time only.
Spouses and Children of H-1B, L-1, O-1, TN, E-2, E-3, F-1, and J-1 Visa Holders
Waypoint Immigration USA files H-4, L-2, O-3, TD, E-2, E-3, F-2 and J-2 change or extension of status applications for spouses and children of the primary visa holders. These applications often need specific strategies around timelines or eligibility.
Occasionally, corporate immigration firms may offer this service alongside the principal visa holder’s sponsored petition. Every person has the right to hire their own attorney for this process. For those accepting services from the larger corporate firms, it is worth clarifying if those attorneys accept the existence of an attorney-client relationship with the spouse or child.
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