A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration lawyer. We serve clients in all U.S. states and overseas countries. (All information is not legal advice and is subject to change without prior notice.)

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Wednesday, February 20, 2019

Changes of Status Will Take a New I-539 Form and Fees

Pay close attention if you are thinking about changing your nonimmigrant status to F-1, B-1/B-2, etc. 

USCIS has announced an updated form I-539 Application to Extend/Change Nonimmigrant Status. The edition date is 02/04/2019 and will replace the current 12/23/16 edition. USCIS will begin to accept only the new edition on the same day that it is published -- March 11, 2019.

On the same day, USCIS will publish the new supplemental Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status. This addition serves to replace the Supplement A section of the old I-539 form and can only be filed with Form I-539. Form I-539A will be mandatory for all co-applicants(dependents) of the related I-539 form.

What is Form I-539? 
It is used by foreigners to request a change in status or to extend their current one. It covers a range of nonimmigrant visa types and has many uses. The application is used most commonly to extend a visitor (B-1, B-2) visa or to change to F-1 student status. It does not cover changes to certain other visas that have specific requirements and procedures, such as H-1B specialty occupation worker. It is a relatively complicated application form.  Anyone thinking of changing or extending their status should first consult a qualified immigration attorney. Depending on what is being requested, there are specific instructions to follow and evidence to submit. 

New Dependent Form and Biometrics Fee
The most significant changes to the I-539 application are the biometrics procedures. Currently, most applicants do not have to pay the $85 biometrics service fee. As of March 11, every co-applicant that included on the primary Form I-539 will have to complete and sign Form I-539A. Parents can sign for children under 14. The applicant and each co-applicant must each pay a $85 biometrics service fee. Certain categories of A, G, and NATO nonimmigrants, which will be listed on the new form instructions, are exempt from this rule. Each person(applicant and every co-applicant) will receive their own biometrics appointment, regardless of age, at their closest Application Support Center.

It is extremely important that these new guidelines are followed. USCIS will reject applications with inexact fee amounts and improperly filled forms. Filing the wrong edition form will also result in rejection.  Applicants must use the newest edition of the form on March 11, 2019, the same date that it is released. Rejection will cause delays or permanent ineligibility if the deadline has passed.  

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