USCIS Makes Substantial Changes to I-539 Application Process Starting March 11, 2019

USCIS has announced that it is making changes to Form I-539, Application to Extend/Change Nonimmigrant Status and that the new revised form will be the only version allowed starting March 11, 2019.  Unfortunately,  USCIS has also indicated that the form itself will only be available on USCIS website on March 11, 2019 – the same day on which is becomes the only acceptable version of the form.     The new process also introduces biometrics processing and fee for every applicant.

03/07/2019 Update: USCIS is releasing the new Form I-539 on March 8th and they would accept both the new and current editions of the Form until March 22nd.   See details.

Update (9/26/2023):  USCIS is removing the biometrics requirement (and fee) for all I-539 applications starting October 1, 2023.   Details here.

Which Applications Are Submitted on Form I-539?

Form I-539 is used to apply for a change or extension of status for a number of situations for applicants who are in the U.S. and who wish to change or extend their status   Among the more common ones are B-1/B-2 (visitor), F-1/F-2 (student), J-1/J-2 (exchange visitor) H-4, E-3, L-2, O-3, P-4, TD (dependents of H-1, E, L-1, O-1, P-1, TN and other temporary workers).

Note that Form I-539 is not used for employment-based visas such as H-1B, L-1, E-3, TN, O-1 and others.

Significant Changes to I-539 Process

The current I-539 version, which is valid only until March 10, 2019, requires only one signature – by the main applicant – and any co-applicants (such as spouse and children) are listed on the Supplement A of the form.   Under the new form version, each co-applicant will have to sign a I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status, including children under 14 (in this case either parent or legal guardian can sign on their behalf).

Additionally, USCIS is requiring every applicant and co-applicant to include an additional $85 biometrics fee (except certain A, G and NATO nonimmigrants) in addition to the $370 main application fee.

Fee example:  an H-4 dependent application filed by an H-1B spouse and three children (total of four applicants) will have to include the following fees:

• $370 main filing fee, plus
• 4 x $85 (or total of $340) additional biometrics fees.

Each applicant  and co-applicant (regardless of age) will receive a biometrics services appointment notice containing individual receipt number and will have to attend a required biometrics appointment at a local Application Support Center (“ASC”).     USCIS will automatically schedule the biometrics at the nearest ASC to the address for the primary applicant.

For details on where the ASC offices are located, please refer to USCIS ASC locator website.     Also, please review our article on What to Expect During an USCIS Biometrics Appointment?

No Transition Period Requires Careful Planning for I-539 Filings

Starting March 11, 2019, USCIS will reject any I-539 form that is using the old version of the form or is missing any of the required signatures or biometrics fees.   Such rejection may have extremely significant consequences, especially for nonimmigrants whose status is expiring.

The main challenge, especially with applicants who are planning to submit I-539 towards early to mid-March, but this also includes H-1B cap applicants who are planning to file on April 1st, is that the new version of the form is not yet available and USCIS has indicated that it will be made available only on March 11, 2019 which is the day USCIS will only accept the new version.

Conclusion

We (and many others) are reaching out to USCIS to request creating a transitional or grace period where both the current and the new versions of the form would be accepted in parallel, or at least a longer warning period before the new form becomes effective.   At this time we do not know if USCIS will change their announced practice and we urge all applicants who are planning to submit Form I-539 to plan accordingly with the new guidance in mind to avoid rejections.

Please contact us if our office  can provide assistance with this process.   We would be happy to consult with you and analyze your options for filing for I-539 change or extension of status.   Also, please feel free to subscribe to our free weekly newsletter to obtain developments on this and related topics.