Your stay length depends on your visa type and what the border officer stamps in your passport

The amount of time you can remain in the United States is not the same for every visa holder. When you enter the country, a U.S. Customs and Border Protection officer stamps your passport with an I-94 arrival/departure record that shows your permitted stay length. This date — not your visa expiration date — controls when you must leave. A visa that does not expire for years can still permit only a 30-day stay, and a visa that expired last month does not automatically force you to leave if your I-94 date is still in the future.

The specific number of days or months you receive depends on your visa category, the purpose of your trip, and the officer's judgment at the port of entry. Tourist visas (B-1/B-2) commonly receive 6 months, but some visitors get 3 months or less. Work visas (H-1B, L-1, O-1) typically permit stays tied to your employment contract or petition approval. Student visas (F-1) allow you to stay as long as your school enrollment and Optional Practical Training (OPT) remain valid. There is no single answer that applies to everyone.

Key Takeaways

  • Your I-94 stamp in your passport shows the actual date you must leave, separate from when your visa expires.
  • Tourist visas commonly permit 6 months, but officers may grant 3 months, 1 month, or even less at their discretion.
  • Work and student visas tie your stay to your employment status or school enrollment, not a fixed calendar date.
  • Staying past your I-94 date makes you out of status and can result in deportation and future visa denials.
  • You can request an extension before your I-94 date expires by filing Form I-539 with U.S. Citizenship and Immigration Services (USCIS).

Tourist and visitor visas (B-1/B-2): typical stay lengths

A B-1/B-2 visa is the standard visa for tourism, business meetings, and temporary visits. The visa itself is valid for 1 to 10 years depending on your nationality, but that validity period does not determine how long you can stay. When you arrive at the airport or land border, the officer decides your permitted stay length and writes it on your I-94 form.

Most B-1/B-2 visitors receive 6 months (180 days), but this is not may provide. Officers may grant 3 months, 1 month, or even 2 weeks based on what you tell them about your trip, how long you say you need, your ties to your home country, and whether your documents raise concerns. If the officer believes you plan to work or overstay, they may grant a shorter period. If you arrive with a return ticket, hotel reservations, and a letter from your employer confirming your job is waiting, you are more likely to receive the full 6 months.

Your I-94 date is printed on a small white card the officer hands you when you land, or it may be recorded electronically and available through the CBP website. Check this date when ready — do not assume it matches what you expected. If you believe the officer made an error, you can ask to speak with a supervisor before you leave the port of entry, but changing it after you have left is difficult.

Work visas: stay tied to employment status

Work visas (H-1B, L-1, O-1, E-2, and others) do not grant a fixed number of days like a tourist visa does. Instead, your permitted stay is tied to the validity of your work authorization. An H-1B visa, for example, is valid for 3 years and can be renewed for another 3 years, but you can only stay as long as your employer's petition remains approved and you continue working for that employer.

Your I-94 will show an expiration date that matches your petition approval period, typically 3 years from the date USCIS approves your case. If your employer files a renewal petition before that date expires, USCIS may extend your I-94 automatically while the renewal is pending, even if your current I-94 has technically expired. This is called status protection. However, if your employer does not file a renewal and your I-94 expires, you fall out of status when ready and must leave the country or face deportation.

If you change employers, your new employer must file a new petition. You cannot work for the new employer until USCIS approves the petition and updates your I-94. Leaving your job without a new petition in place puts you out of status, even if your current I-94 date has not arrived yet.

Student visas (F-1): duration of status

F-1 student visas work differently from both tourist and work visas. Your I-94 will show a date of "D/S," which stands for Duration of Status. This means you can stay in the United States as long as you remain a full-time student at your school and maintain valid status — you do not have a fixed expiration date written on your card.

To maintain F-1 status, you must be enrolled full-time each semester, make satisfactory academic progress, and report your address to your school's international student office within 10 days of arrival. Your school tracks your status through the Student and Exchange Visitor Information System (SEVIS). If you drop below full-time enrollment, fail to progress academically, or violate the terms of your visa, you fall out of status and must leave the country.

After you graduate, you may be able to stay for Optional Practical Training (OPT), which allows you to work in your field for 12 months (or longer in certain STEM fields). Your OPT period is also tracked through SEVIS, and your I-94 remains valid as long as your OPT is active. Once OPT ends, you must either change to another visa status (such as H-1B) or leave the United States.

What happens if you overstay your I-94 date

Staying in the United States past your I-94 expiration date is a serious violation. The moment your I-94 date passes, you are out of status, meaning you have no legal right to be in the country. You cannot work, renew your driver's license, or take most legal actions while out of status.

If you are discovered to be out of status, U.S. Immigration and Customs Enforcement (ICE) can detain you and begin deportation proceedings. Even if you are not caught when ready, an overstay creates a permanent record in the immigration system. If you leave the country and try to return, border officers will see the overstay and may deny you entry or require you to wait years before you can return. An overstay of more than 180 days triggers a 3-year bar to re-entry; an overstay of more than 1 year triggers a 10-year bar.

The only way to fix an overstay is to leave the country and, in many cases, file a waiver through the consulate in your home country before you can return. This process is expensive, time-consuming, and not always successful.

How to extend your stay before your I-94 expires

If you need to stay longer than your I-94 permits, you must request an extension before your current I-94 date arrives. The process depends on your visa type. For B-1/B-2 tourists, you file Form I-539, process to Extend/Change Nonimmigrant Status, with USCIS at least 45 days before your I-94 expires. You must show that your circumstances have changed since you arrived, that you have ties to your home country, and that you have the financial means to support yourself during the extension.

USCIS does not always grant extensions for tourists. If your original I-94 was 6 months and you are asking for another 6 months, the agency may view this as a sign that you plan to immigrate rather than visit temporarily. Approval is not may provide, and many requests are denied. If your request is denied and your I-94 has already expired, you are out of status.

For work visa holders, your employer files a petition renewal with USCIS, which automatically extends your I-94 if the petition is approved before your current I-94 expires. For students, your school's international student office handles the SEVIS record, and your Duration of Status continues as long as you remain enrolled and in compliance.

Visa expiration date versus I-94 expiration date: the critical difference

Many people confuse their visa expiration date with their permitted stay date, and this confusion leads to overstays. Your visa is a document that allows you to enter the United States. Your I-94 is the document that controls how long you can stay. These are two separate things.

You can have a visa that does not expire for 5 more years but still be required to leave the country in 30 days because your I-94 says so. Conversely, your visa can have expired 6 months ago, but if your I-94 date is still in the future, you are still in legal status and can remain in the country (though you cannot use that expired visa to re-enter if you leave).

Check your I-94 the moment you arrive. If you cannot find it or the date looks wrong, contact the CBP at the port of entry or visit the CBP website to retrieve your electronic I-94 record. Do not guess, and do not assume the officer gave you what you asked for. The I-94 date is the only date that matters for how long you can stay.

Frequently Asked Questions

Can I stay in the US if my visa expired but my I-94 is still valid?

Yes. Your I-94 date controls your legal stay, not your visa expiration date. However, if you leave the country, you cannot re-enter on an expired visa — you would need to explore for a new visa at a U.S. consulate before you can return.

What if I overstay by accident and do not realize until after my I-94 date has passed?

Contact an immigration attorney when ready. Leaving the country voluntarily after an overstay still creates a bar to re-entry, but it may be shorter than if you are deported. An attorney can advise you on whether a waiver is possible and what the timeline for re-entry might be.

Can I work on a tourist visa while I wait for my work visa to be approved?

No. Working on a B-1/B-2 visa is a violation of your status, even if you have a pending work visa petition. You must wait until your work visa is approved and your I-94 is updated before you begin work.

If I get married to a U.S. citizen, does my I-94 automatically extend?

No. Marriage does not change your I-94 date. Your spouse can file a petition for you (Form I-130), but your I-94 remains the same until USCIS approves the petition and you adjust status or consular process. You must not overstay while waiting for the petition to be approved.

How do I find my I-94 number if I lost the card?

Visit the CBP website at cbp.gov and use the "Arrival/Departure Record" tool. You will need your passport number and date of birth. The system will show your I-94 number and expiration date. You can print this record and carry it with you.