Revised Form I-539 and new Form I-539A
Effective March 11, 2019, US Citizenship and Immigration Services (USCIS) announced that they will only accept the revised Form I-539 with the edition date of 02/04/2019. Any submissions of the Form I-539 with a previous edition date will automatically be rejected. USCIS has also created a new Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status. These forms will be made available on March 11th.
The Form I-539 Application to Extend/Change Nonimmigrant Status is used when an individual is requesting to either change his/her nonimmigrant status from one category to another while remaining inside the United States (ex: F-2 to F-1) or extending the stay in the same nonimmigrant status (ex: B-1). This will not impact the majority of our international visitors. However, those that hold or will hold H-1B status, will encounter these changes if their dependents should need the derivative (H-4) status of the H-1B. Again, this would only come up if the individual requesting the change or extension remains in the United States. Any dependent requesting the status outside the United States would need to apply for the visa at his/her U.S. consulate/embassy.
In addition to the forms, there have been impressive changes in the process. First, every co-applicant listed on the primary’s Form I-539 will be required to complete and sign the new Form I-539A. The parent or guardian of children under the age of 14 can sign the Form I-539A on their behalf. Next, every applicant and co-applicant must pay the $85 biometrics services fee. This will be an additional fee. Visa categories that are excluded from this requirement are A, G, and NATO. Last, every applicant and co-applicant will receive an individual biometric services appointment notice. This will include children too, regardless, of their age. All applicants will be required to submit photos and fingerprints prior to the application approval. These appointments will be scheduled to the nearest Application Support Center (ASC) location listed on the primary’s Form I-539.
OIS is unable to provide any advisement on these forms, as this is the dependent’s application and not the University’s petition. If you have any questions regarding the completion of the form that OIS cannot assist you with, we strongly encourage you to utilize the services of an immigration attorney. OIS is monitoring the changes and will provide further information as it is made available.