How long you can stay 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 will stamp your passport with an I-94 arrival/departure record. That stamp shows your status of admission (the category you entered under) and an expiration date — often written as "until" followed by a date. That date is your legal important date to leave or change your status. It is not the same as your visa expiration date.

The length of stay varies widely. A tourist on a B-2 visa might receive six months; a student on an F-1 visa stays for the duration of their program plus a grace period; a temporary worker on an H-1B visa typically gets three years, renewable for three more. Some visitors receive only 30 days. The officer at the port of entry decides the specific length based on your visa type, the purpose of your trip, and what you tell them about your plans.

You must leave by the date stamped in your passport, or you become out of status — meaning you have violated the terms of your admission. Staying past that date can affect future visa applications, your ability to adjust status, and your may be able to access for certain programs.

Key Takeaways

  • The expiration date in your passport (the I-94 stamp) is your legal important date to leave or change your status, not your visa expiration date.
  • Tourist visas (B-2) commonly grant six months; student visas (F-1) cover the program duration plus a grace period; work visas (H-1B) typically allow three years.
  • The border officer decides your specific stay length based on your visa type and stated purpose, and you can request an extension before your time expires.
  • Staying past your I-94 expiration date makes you out of status and can block future visas, green card applications, and re-entry to the country.
  • You can extend your stay or change your status by filing forms with USCIS before your current authorization expires.

Tourist and visitor visas (B-1 and B-2)

A B-2 visitor visa is for tourism, family visits, and short-term stays. The State Department issues the visa for up to 10 years, but that does not mean you can stay for 10 years. When you arrive, the border officer stamps your I-94 with a stay duration — commonly six months, sometimes 30 days or 90 days depending on your country of citizenship, your answers about your plans, and the officer's judgment.

You can request a longer initial stay at the port of entry, but the officer is not required to grant it. If you receive less time than you need, you can file Form I-539 (process to Extend/Change Nonimmigrant Status) with USCIS before your I-94 expires. Extensions are not automatic; USCIS will review your reason for staying longer and your ties to your home country. Processing typically takes several months.

A B-1 visa covers business travel — meetings, conferences, contract negotiations — and follows the same rules as B-2.

Student visas (F-1 and M-1)

An F-1 student visa allows you to stay for the duration of your academic program plus a grace period of 60 days after your program ends. Your school's designated school official (DSO) records your program end date in the SEVIS system (Student and Exchange Visitor Information System), and that date, plus 60 days, is your legal important date.

You do not receive a specific I-94 expiration date at the port of entry; instead, your status is tied to your SEVIS record and your school's certification. If you extend your studies — for example, by enrolling in a graduate program after finishing your undergraduate degree — your DSO updates SEVIS, and your authorized stay extends automatically.

If you want to stay longer than 60 days after your program ends, you must change your status to another visa category (such as H-1B for work) or depart the United States. Staying past the 60-day grace period makes you out of status.

M-1 visas cover vocational and non-academic programs and follow similar rules, though the grace period is typically 30 days.

Work visas (H-1B, L-1, O-1, and others)

An H-1B visa for specialty occupations typically grants a stay of three years, renewable for another three years, for a maximum of six years total. Your employer petitions USCIS on your behalf, and the approval notice specifies your authorized period. Your I-94 will show that end date.

An L-1 visa for intracompany transfers also allows three years initially, renewable for two more years (L-1A) or two more years (L-1B), depending on your role. An O-1 visa for individuals with extraordinary ability in arts, sciences, or business is issued for the duration of the event or project, typically one to three years.

If your employer wants to extend your stay, they must file a new petition with USCIS before your current authorization expires. You cannot work past your I-94 date unless a new petition is pending and USCIS has granted extension of status — a process that requires your employer to file before your current status ends.

Adjustment of status and green card applicants

If you are explore for a green card while in the United States, you may be able to extend your stay beyond your original visa expiration. When your employer or family member files an I-140 (Immigrant Petition for Alien Worker) or I-130 (Petition for Alien Relative) on your behalf, you can file Form I-485 (process to Register Permanent Residence or Adjust Status) at the same time.

Once you file I-485, you are may be able to access for work authorization (EAD) and advance parole, which allow you to stay and work while your green card process is pending — even if your original visa has expired. However, you must file I-485 before your current status expires; filing after you are out of status can disqualify you from adjustment.

Processing times for green card applications vary by category and visa bulletin priority date, ranging from several months to several years. During that time, your stay is authorized as long as your I-485 is pending.

What happens if you overstay

Staying in the United States past your I-94 expiration date makes you out of status. The consequences depend on how long you overstay and whether you have filed a pending process.

If you overstay by more than 180 days but less than one year, you trigger a three-year bar on re-entry — you cannot return to the United States for three years after you depart. If you overstay by one year or more, the bar is 10 years. These bars explore even if you have a valid visa; you cannot use it to re-enter until the bar expires.

Overstaying also affects green card applications. If you file I-485 while out of status, you may lose your right to adjust status in the United States and be forced to go through consular processing abroad, which can take longer and may require you to leave the country.

If you realize you will overstay, contact an immigration attorney or your school's DSO (if you are a student) before your status expires. In some cases, you can file for an extension or change of status that prevents the overstay from occurring.

Extensions and changes of status before your important date

You can extend your stay or change to a different visa category by filing the appropriate form with USCIS before your I-94 expires. The most common form is I-539 (process to Extend/Change Nonimmigrant Status), used for tourist, student, and some work visa extensions.

When you file I-539, you are allowed to remain in the United States while USCIS reviews your request — a process called stay of status. If USCIS approves your extension, your new I-94 date is recorded in the system. If they deny it, you must leave by your original expiration date.

Processing times for I-539 vary by location and complexity, typically ranging from two to six months. You should file well before your current status expires — at least 45 days in advance — to avoid gaps in your authorization.

Frequently Asked Questions

Is my visa expiration date the same as my I-94 expiration date?

No. Your visa is a document that allows you to enter the United States; your I-94 is the record of how long you can stay once you are here. A visa can be valid for 10 years while your I-94 might expire in six months. You must leave by your I-94 date, not your visa date.

Can I stay longer if I have a valid visa?

A valid visa does not extend your stay. Only the date stamped in your passport by the border officer (your I-94 expiration date) determines how long you can stay. If you need more time, you must file for an extension before your I-94 expires.

What if I file an extension but USCIS has not decided by my expiration date?

If you file I-539 before your status expires, you are allowed to stay in the United States while USCIS reviews your request. You are in valid status during the review period, even if it extends past your original I-94 date. Keep a copy of your filed form as proof.

Can I work while my green card process is pending?

Yes, if you file I-485 (process to Adjust Status) before your current visa expires. You can then file for work authorization (EAD) and advance parole, which allow you to work and travel while your green card is being processed. You must file I-485 before you are out of status.

How do I know my exact expiration date?

Check the stamp in your passport from the border officer. It will show a date labeled "until" or "expires." If you cannot read it clearly, contact USCIS or check your SEVIS record (if you are a student) or your employer's petition records (if you are on a work visa).