Your stay length depends on your visa type and what the border officer stamps in your passport
When you enter the United States, a Customs and Border Protection officer decides how long you can stay — not the visa itself. The officer looks at your visa type, your reason for visiting, and your documents, then stamps an expiration date directly into your passport. This date is called your I-94 departure date, and it is the actual important date you must leave by.
Most visitors on a B-1/B-2 tourist or business visa receive permission to stay for six months, though the officer can grant less. Some visitors get only a few weeks. The length is not automatic, and the visa in your passport does not tell you how long you can stay — only that you were cleared to enter. Your stamp does.
Overstaying this date, even by one day, makes you deportable and can block you from returning to the United States for years. There is no grace period and no way to extend it once you have left the country.
Key Takeaways
- The border officer's stamp in your passport (your I-94 date) is your actual important date, not the expiration date of your visa.
- B-1/B-2 visitors typically receive six months, but officers can grant less based on your documents and stated purpose.
- You must leave by your I-94 date or you become deportable; there is no extension available after you enter.
- If you need more time, you must request it before your date arrives by filing a form with USCIS while still in the country.
- Your passport stamp is the only official record of your important date — take a photo of it or write the date down when ready.
What the border officer looks for when deciding your length of stay
The officer at the port of entry has full discretion to set your I-94 date. They examine your documents to decide whether you are likely to leave on time. If you have a return plane ticket, a job waiting in your home country, property or family there, or a short stated purpose (a two-week vacation, a conference), you are more likely to receive the full six months. If your documents are thin — no return ticket, no clear ties to home, a vague reason for visiting — the officer may grant only 30 days or 60 days.
Bring documents that show you will leave: a return plane ticket with a date, a letter from your employer saying you have a job to return to, proof of property or family in your home country, or a conference registration. The stronger your ties to home, the longer the officer is likely to let you stay.
How to find your exact departure date
Your I-94 date is stamped on the last page of your passport in the entry stamp. It appears as a date written by hand or printed next to the words "Admitted Until" or similar language. Some stamps are hard to read because the ink is faint or the officer's handwriting is unclear.
Take a clear photo of your entry stamp on your phone the day you arrive, or write the date on a piece of paper and keep it with your passport. Do not rely on memory. If you lose your passport or the stamp becomes illegible, you can look up your I-94 date online at the CBP website using your passport number and date of birth, though this takes a few days to update after entry.
Check your date within the first week of arrival. If the date seems wrong — if you believe the officer made a mistake — you can request a correction by visiting a USCIS office with your passport and explaining the error. Corrections are possible but take time, so do not wait until your date is near.
Staying longer than your I-94 date allows
If you need to stay past your I-94 date, you must file a request for an extension before your date arrives. You do this by submitting Form I-539 (process to Extend/Change Nonimmigrant Status) to USCIS while you are still in the country. The form costs money, takes weeks or months to process, and is not always approved.
Extensions are granted only if you have a valid reason — a medical emergency that prevents travel, a family death, a job offer that came through unexpectedly. Tourism alone is not a reason to extend. You must file at least two weeks before your date, though filing earlier is safer because processing times vary.
If you file the extension before your date and USCIS receives it in time, you are allowed to stay while they decide, even if your I-94 date passes. If you file late or USCIS denies your request, you become deportable when ready. Do not wait to see if an extension will be approved — file early or plan to leave on time.
What happens if you overstay
Staying past your I-94 date is a serious violation. You are no longer in legal status, and immigration enforcement can detain and deport you. Even if you are not caught when ready, the overstay is recorded in the system and will block you from returning to the United States for years.
The penalties depend on how long you overstay. If you stay past your date and then leave on your own, you may be barred from returning for three years (if you overstayed more than 180 days) or ten years (if you overstayed more than one year). If you are caught by immigration enforcement, deportation is likely and a ban of five to ten years is common.
An overstay also damages your record if you ever want to immigrate to the United States later. It shows you did not follow the rules, and immigration officers will see it every time you explore for a visa in the future.
Different stay lengths for different visa types
Most visitors arrive on a B-1/B-2 visa and receive up to six months. Other visa types have different typical lengths. Students on an F-1 visa are admitted for the duration of their program plus a grace period, which can be several years. Exchange visitors on a J-1 visa receive the length of their exchange program. Temporary workers on an H-1B visa are admitted for the length of their employment contract, usually three years.
Even with these visa types, the border officer still has discretion. An F-1 student might be admitted for only one semester if the officer has concerns, or a worker might be admitted for less than the contract length. The visa category sets the maximum, but the officer's stamp sets the actual date.
Leaving and returning to the United States
If you leave before your I-94 date, you do not lose the remaining time. You can return to the United States on the same visa before it expires, and a new officer will set a new I-94 date when you re-enter. However, if you have overstayed in the past or have other issues in your record, a new officer may grant you less time or deny you entry altogether.
Each entry is separate. If your first visit was six months and you left on time, your second visit might also be six months — or it might be 30 days if the new officer has different concerns. Bring the same documents (return ticket, proof of ties to home) on every entry to give yourself the best chance of a longer stay.
Frequently Asked Questions
Can I extend my stay after I arrive in the USA?
You can request an extension by filing Form I-539 before your I-94 date, but extensions are rarely approved for tourism. You must have a valid reason such as a medical emergency or family death. File at least two weeks early, and understand that many requests are denied.
What if I don't know my exact departure date?
Check your passport entry stamp when ready — it should show "Admitted Until" followed by a date. If the stamp is illegible, visit a USCIS office with your passport to request a correction or verification. You can also look up your I-94 date on the CBP website using your passport number, though it takes a few days to appear in the system.
Does my visa expiration date matter if my I-94 date is earlier?
Your I-94 date is what matters. You must leave by that date, even if your visa is valid for years. The visa only proves you were cleared to enter; the I-94 stamp is your actual important date. Once your I-94 date passes, you are out of status regardless of visa validity.
Can I work while I'm staying as a visitor?
No. B-1/B-2 visitors are not permitted to work, even if you have a job offer. Working without authorization makes you deportable. If you want to work in the United States, you need a work visa such as H-1B, L-1, or O-1, which requires a separate process process before you enter.
What if the border officer made a mistake with my I-94 date?
Visit a USCIS office with your passport and explain the error. Corrections are possible — for example, if the officer wrote the wrong year or month. Bring any documents that support your case, such as your return plane ticket or the officer's notes. Request the correction as soon as you notice the error, not weeks later.