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New Form for Nonimmigrant Extension and Change of Status Application to be Required Soon

Published on March 6, 2019

On Friday, March 8, 2019, USCIS will publish a revised Form I-539 as well as a new Form I-539A, replacing the previous Form I-539 and Supplement A.  The new Form I-539 and I-539A MUST be used for all nonimmigrant extension and change of status applications filed (received) after March 21, 2019.

Form I-539 is commonly used to extend or change an individual’s nonimmigrant status, including extensions of stay for dependents of H, E, L, TN and O visa holders, extension or reinstatement of F-1 status, extension or change of B-1/B-2 status, or change of nonimmigrant status from one visa classification to another. Individuals who were admitted under the Visa Waiver Program, C, TWOV, D, K-1, or K-2 status may not extend or change status through filing Form I-539.

Significant changes to Form I-539 will include the following:

  • Biometrics requirement for every co-applicant: Every co-applicant must pay an additional $85 biometric services fee and attend the biometric services appointment, including children under 14 years old.
  • Signatures and supplemental form for every co-applicant: Every co-applicant on the primary applicant’s Form I-539 will need to submit and sign a separate Form I-539A. According to USCIS, a scan of the original wet ink signature will be accepted.

USCIS will start accepting the revised Forms I-539 and I-539A on March 8th, and will only accept the prior version of Form I-539 and Supplement A (dated 12/23/16) until March 21st.

Please contact the Immigration Group at Ryan Swanson if you have questions regarding the new form requirements for applications for an extension or change of nonimmigrant status.

 

Marsha Mavunkel can be reached at [email protected].
Amy Royalty can be reached at [email protected].
Jen Chen can be reached at [email protected].
Cody Nunn can be reached at [email protected]
Joel Paget can be reached at [email protected].
Janet Cheetham can be reached at [email protected].

Please note that the legal landscape is constantly evolving. Since the publication of this article, new or supplementary information that is not referenced herein may have become available. For questions or to stay up-to-date on the topics or issues discussed in the above article, you can subscribe to our practice group email alerts, follow us on social media, or reach out to any member of our team.

This article has been published by Ryan, Swanson & Cleveland, PLLC to inform about recent developments in the law. Because each situation is unique, this information is intended for general informational purposes only and should not be construed as legal advice on any specific facts and circumstances. Ryan, Swanson & Cleveland, PLLC is a full-service law firm located in Seattle, Washington  
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