Biometrics Fee Exempt for ALL I-539 Applications

 

Yes, that's right -- USCIS just announced today that it will exempt the biometric services fee for all Form I-539s.  Form I-539 is used by foreign nationals to change and/or extend their non-immigrant visa status in the United States. Typically, the I-539 is used to change status to H-4, F-1, B-2, etc.  

As of Oct 1st, the $85 biometric fee will be exempt for all I-539 applications.  The exemption will apply to all I-539 applications post-marked on or after Oct.1st.   Additionally, most applicants who file their I-539 on or after Oct. 1st will not be scheduled for a biometric appointment.

Previously, USCIS has exempt biometric fees and appointments for I-539s requesting an extension of stay in or change of status to H-4, L-2, or E nonimmigrant status through 09/30/2023.  Today's excemption covers all I-539 applications.

Applicants who has filed their Form I-539 prior to Oct. 1st may still be scheduled for an ASC appointment and should still attend that appointment as scheduled. 

It is important to pay the correct filing fees.  Starting Oct. 1st, applications submitted with one check for both the I-539 application fee and the biometric fee will be rejected.  However, applications with a combined credit card payment will not be rejected. In this case, USCIS will only charge the application fee to the credit card.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Biometrics for H-4, L-2 & E Suspended Through 09/30/2023

USCIS announced today that it is extending suspension of the biometrics submission requirement for certain dependent applications through 09/30/2023.  Suspension was previously scheduled to end on 05/17/2023.  Specifically, biometrics are not required for applicants filing Form I-539 requesting an extension of stay in or change of status to H-4, L-2, or E nonimmigrant status.  Applicants should not pay the $85 biometrics fee in connection with these applications.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

USCIS Agrees to Bundle-Process H-4/L-2 with H-1B/L-1 Petitions

 

Under the terms of a settlement in Edakunni vs. Mayorkas, effective 01/25/2023, USCIS will resume processing the dependents' I-539 (for status change/extension) and I-765 (for EAD) applications together with the principal applicant's I-129 petition (for H-1B and L-1 statuses).  USCIS will only "bundle-process" the dependent applications if they are filed concurrently with the principal's I-129 petitions.  Bundle-processing is available to cases filed under both regular and premium processing. The bottom-line is that family members should be able to change/extend their statuses and receive the EAD a lot faster now than before.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Rule to expand premium processing for I-539, I-765, EB-1C and EB-2; set target processing timeframes

A new rule published by DHS today creates a long-term plan to reduce USCIS case backlogs, increase processing timeframes and also expand premium processing services to include I-539, I-765, EB-1C and EB-2 NIW applications.

The new goals of processing timeframes are as follows:

• I-129 premium, I-140 premium:  2 weeks
• I-129 non-premium: 2 months
• I-765, I-131 advance parole, I-539, I-824: 3 months
• N-400, N-600, I-485, I-140 non-premium, I-130, I-290B, I-360, I-102, I-526, I-600, I-600A, I-730, I-800, I-800A, I-90, I-821D renewals:  6 months

These are certainly ambitious goals. Given the current volume of backlogs, it may take some time to achieve these goals.  But, by setting up these goals, both the agency and the public have something to work towards and look forward to. 

Expansion of Premium Processing Services: 

The rule also codifies premium processing fees provided by Congress under the Emergency Stopgap USCIS Stabilization Act (H.R. 8089) including: 

• Form I-140 requesting EB-1C immigrant classification as a multinational executive or manager or EB-2 immigrant classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW). Fee: $2,500. Timeframe: 45 days;
• Form I-539 requesting a change of status to F-1, F-2, J-1, J-2, M-1, or M-2 nonimmigrant status or a change of status to or extension of stay in E-1, E2, E-3, H-4, L-2, O-3, P-4, or R-2 nonimmigrant status. Fee: $1,750. Timeframe: 30 days; and
• Form I-765 requesting employment authorization. Fee: $1,500. Timeframe: 30 days.

Without setting up a fixed schedule, USCIS announced a long-term plan to implement premium processing services in phases to additional applications.

USCIS intends to implement expansion of premium processing availability of Forms I-539, I-765 and I-140 "as soon as feasible" in FY 2022.   There are currently no plans to expand premium processing to additional applications. 

Even regarding the aforementioned forms, premium processing is limited to certain type of visa statuses as described above. 

For I-765, certain application categories will be given higher priorities.  For example, DHS expects to begin premium processing EADs for F-1 students applying for Optional Practical Training (OPT) and exchange visitors some time in FY 2022. 

As usual, we must wait for further instructions from USCIS to know the details. Stay tuned!

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.) 

Fingerprinting Appointments for I-539 Extension and Change of Status

If you filed an I-539 application to change or extend your nonimmigrant status in the United States, you may wonder why you never received an appointment notice for your biometrics appointment.  The USCIS Ombudsman Office has confirmed that USCIS does not send out paper biometrics appointment notices to the applicants by mail for I-539 applications that were filed online.  

The I-539 application is used for a foreign national in the United States to request for a change or extension of his/her nonimmigrant status.  For examples, a B-1 visitor may request for an extension of her stay for a business meeting; a B-2 visitor may need to change his status to F-1 to pursue a university degree, etc. 

Most I-539 applicants have to attend a biometrics appointment (also called an ASC appointment) as part of the application process.  If the I-539 is filed online electronically, USCIS will not mail a paper appointment notice for the ASC appointment. Instead, the applicant must download the notice from his/her USCIS online account.  In fact, an applicant may use their online account to: 

• View and print his/her biometric services appointment notice;
• Receive status updates about the case;
• Respond to Requests for Evidence; and
• Update his/her contact information.

It is advised that the applicants check their online account regularly to ensure that they don't miss important documents or information from USCIS.  Applicants may also sign up for text notifications for case updates.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.) 

Premium Processing Services Expanded to EB1C, NIW, I-539, EAD, ETC.

USCIS Fees to Increase on October 2, 2020 - Naturalization Will Cost $1,170!

The finalized USCIS fee increases will be effective on October 2, 2020.  Applications postmarked on or after October 2, 2020 must be accompanied by the new fees.  In addition to fee increases, new editions of several application forms, as well as some important policy changes, will also take effect on October 2, 2020. 

Some of the major changes under the new rule include:

1) Higher Fees and New Forms for Employment-based Non-immigrant Petitions Including H-1B, L-1, etc.

Under the final rule, USCIS separates the Form I-129 into several forms for different visa classifications, with different fees. For example, an employer who is filing for an H-1B employee will need to submit the form I-129H1 with the new fee of $555, instead of the uniformed base fee of $460. For multinational managers and executives (L-1A ) or professional employees with specialized knowledge (L-1B), employers need to file the I-129L form and pay the new fee of $805.


2) Premium Processing Time Frame Extended to 15 Business Days

The current Premium Processing service guarantees 15 calendar days adjudication to those petitioners and applicants who pay for an additional fee of $1440. The final rule is extending this time frame from 15 calendar days to 15 business days. While the premium processing time will be longer, the filing fee remains the same.  In addition, USCIS is also considering adding premium processing service for more applications.

3)  Adjustment of Status Application:   a) No More Fee Exemption for Concurrent I-765 and I-131; b) Full Payment for Children Under 14 

The final rule removes the "bundled" fee exemption for I-765 (EAD) and I-131 (Advance Parole) that are filed concurrently with an I-485 application. This change also covers the EAD/AP renewals while the I-485 is pending. The filing fees have also been increased to $550 and $560 for I-765 and I-131 respectively. For the I-485 form, the filing fee will decrease to $1130.

In addition, there will be no more discount for derivative children under 14, even if their I-485 is filed concurrently with a parent. They must pay the full payment of $1130.

4) Changes to Biometric Fees 

The final rule eliminates the separate biometric fees for most of the forms including forms I-539 and I-485. However, it establishes a biometric fee of $30 for TPS applicants and re-registrants. It also requires a separate $30 biometric services fee for Form I-765 filed by pending asylum applicants and by foreign nationals applying for status as a long-term resident of the Commonwealth of the Northern Mariana Islands (CNMI). For DACA applicants, USCIS will maintain the biometric fee of $85.

5) Online Filing Makes a Difference 

For forms that can be filed online such as I-90, N-400, N-600, and I-539 (under certain circumstances),  a $10 fee reduction will apply to online filings.


The changes in USCIS fees and fee structures are quite significant.  Petitioners and applicants should confirm carefully they are using the correct application forms and paying the correct filing fees before sending out their applications. Failure to pay the correct fees or follow the new policy changes will result in rejection of applications.

FINAL RULE FEE CHANGES

	Immigration benefit request	Current fee ($)	New fee ($)
N-400	Naturalization	640	1,170 (paper filing) 1,160 (online filing)
N-600	Application for Certificate of Citizenship	1,170	1,000 (paper filing) 990 (online filing)
N-600K	Application for Citizenship and Issuance of Certificate Under Section 322	1,170	935
I-90	Replace Permanent Residence Card	455	415 (paper filing) 405 (online filing)
I-102	Replacement/Initial Nonimmigrant Arrival-Departure Document	445	485
I-212	Permission to Reapply for Admission into the U.S. After Deportation or Removal	930	1,050
I-290B	Notice of Appeal or Motion	675	700
I-131	Travel Document	575	590
I-765	Employment Authorization	410	550 (non-DACA) 410 (DACA only)
I-485, I-765, & I-131	Application to Register Permanent Residency or   Adjust Status, Employment Authorization, & Travel Document	1,225	2,270
I-539	Extend/Change Nonimmigrant Status	370	400 (paper filing) 390 (online filing)
I-751	Remove Conditions on Residence	595	760
I-129H1	I-129 H-1B - Named Beneficiaries	460	555
I-129H2A	I-129 H-2A - Named Beneficiaries	460	850
	I-129 H-2A - Unnamed Beneficiaries	460	415
I-129H2B	I-129 H-2B - Named Beneficiaries	460	715
	I-129 H-2B - Unnamed Beneficiaries	460	385
I-129L	Petition for L Nonimmigrant Worker	460	805
I-129O	Petition for O Nonimmigrant Worker	460	705
I-129CW, I129E&TN, I129MISC	CNMI-Only Nonimmigrant Transitional Worker;  Application for Nonimmigrant Worker: E and TN Classification; Petition for Nonimmigrant Worker: H-3, P, Q, or R Classification.	460	695
I-129F	Petition for Alien Fiancé(e)	535	510
I-130	Petition for Alien Relative	535	560 (paper filing) 550 (online filing)
I-140	Immigrant Petition for Alien Worker	700	555
I-601	Waiver of Ground of Excludability	930	1,010
I-601A	Application for Provisional Unlawful Presence Waiver	630	960
I-526	Immigrant Petition by Alien Entrepreneur	3,675	4,010
I-824	Application for Action on an Approved Application or Petition	465	495
I-829	Petition by Entrepreneur to Remove Conditions on Permanent Resident Status	3,750	3,900
-	Biometrics Services	85	30 (TPS, I-765 for pending asylee and long-term CNMI resident program applicants) 85 (DACA applicants)

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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.  

I-539 Applications Transferred

On September 2, 2018, Vermont Service Center transferred some I-539 applications for F, M, J or B nonimmigrants to the Potomac Service Center and the Nebraska Service Center. 

he I-539 Application to Extend/Change Nonimmigrant Status functions as described -- it is used for nonimmigrants to extend or change of their visa status. It can also be used for requests for reinstatement of lapsed status.  

USCIS frequently shuffles applications between service centers. The purpose is to lighten the workload on one service center by moving applications to less busy service centers. A similar transfer took place on July 19, 2018 where some I-539 applications for F, M, J, or B nonimmigrants were transferred out of the Vermont Service Center and sent to the California Service Center. Also, on July 26, 2018, the California Service Center transferred some of its I-751 Petition to Remove Conditions on Residence applications to the Texas Service Center. The same transfer took place on July 19, 2018 between the California Service Center and the Vermont Service Center.

These moves are routine procedure by USCIS to regulate workloads.

USCIS Stops Electronic Forms I-539 and I-526

Starting June 15, 2015, Form I-539, Application to Extend/Change Nonimmigrant Status, and Form I-526, Immigrant Petition by Alien Entrepreneur, can no longer be filed electronically with USCIS. 

USCIS will continue to adjudicate all pending cases filed electronically to completion. Applicants will also have 30 days to complete and submit their draft cases.  

With some exceptions (e.g., change of status to H-1B), the I-539 form is typically used by non-immigrants, such as foreign students and temporary visitors, to extend or change their current immigration status.  The I-526 is for immigrant investors to apply for immigrant visas under the EB-5 employment creation program.