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Original Date Announced
February 11, 2019On February 11, 2019, USCIS announced it has revised Form I-539, Application to Extend/Change Nonimmigrant Status and plans to publish the revised form on the USCIS website on March 11, 2019. Starting on March 11, 2019, USCIS will only accept the revised Form I-539 and will reject any prior edition dates. USCIS also announced that it will be publishing a new I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status that will replace the prior Supplement A. The revised Form I-539 has significant changes, including the requirement that every applicant pay a biometrics fee (with some limited exceptions) and attend an biometrics appointment, regardless of age. [ID #1315]
USCIS to Publish Revised Form I-539 and New Form I-539A 02/04/19 edition of Form I-539A instructions 02/04/19 edition of Form I-539 02/04/19 edition of Form I-539 instructions 02/04/19 edition of Form I-539ASubsequent Trump-Era and Court Action(s)
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March 1, 2019
USCIS Teleconference on Revised Form I-539
On March 1, 2019, in response to public concern, USCIS announced a revised rollout period for the new edition of Form I-539 and new Form I-539A. USCIS indicated that:
- USCIS will continue accepting Form I-539 with an edition date of 12/23/16 until March 21, 2019, as long as it is received by USCIS by that date.
- USCIS will reject any Form I-539 with an edition date of 12/23/16 that is received by USCIS after March 21, 2019.
- Starting on March 22, 2019, USCIS will only accept the revised Form I-539 with an edition date of 02/04/19.
Biden Administration Action: Modified
May 13, 20212021.05.13 USCIS Temporarily Suspends Biometrics Requirement for Certain Form I-539 Applicants
This Biden administration policy modified in part the Trump-era policy identified in this entry.
On May 13, 2021, USCIS issued an alert announcing that it would temporarily suspend the biometrics requirement for a two-year period for certain applicants filing Form I-539, Application To Extend/Change Nonimmigrant Status, requesting an extension of stay in or change of status to H-4, L-2, and E nonimmigrant status. The temporary suspension lasts through May 17, 2023.
View DocumentBiden Administration Action: Modified
April 19, 2023This Biden administration policy modified in part the Trump-era policy identified in this entry.
On April 19, 2023, USCIS issued an alert announcing that it would extend the temporary suspension of the biometrics requirement for certain applicants filing Form I-539, Application To Extend/Change Nonimmigrant Status, requesting an extension of stay in or change of status to H-4, L-2, and E nonimmigrant status.
The temporary suspension lasts through September 30, 2023.
Go to article on uscis.govBiden Administration Action: Revoked/Replaced
September 25, 20232023.09.25 USCIS Exempts Biometric Services Fee for all Form I-539 Applicants
This Biden administration policy makes permanent the previous temporary suspension of the biometrics requirement for applicants filing the Form I-539, thereby ending the Trump administration policy identified in this entry.
On September 25, 2023, USCIS announced that it is permanently exempting the biometric services fee for Form I-539, Application to Extend/Change Nonimmigrant Status. The biometric services fee exemption will apply to all applicants filing on or after Oct.1, including those applicants filing Form I-539 requesting an extension of stay in or change of status to H-4, L-2, or E nonimmigrant for whom USCIS had previously suspended the biometrics requirement through Sept. 30, 2023.
In most cases, after October 1, applicants will not be scheduled to attend a biometric services appointment. However, if USCIS determines that biometrics are required, the applicant will receive a notice with information about appearing for their biometric services appointment.
View DocumentCurrent Status
Not in effectMost Recent Action
September 25, 2023 Action: Revoked/Replaced 2023.09.25 USCIS Exempts Biometric Services Fee for all Form I-539 ApplicantsMay 13, 2021Acted on by Biden Administration
April 19, 2023Acted on by Biden Administration
September 25, 2023Acted on by Biden Administration
Original Trump Policy Status
Status: Final/Actual RescindedTrump Administration Actions: Change in Practice Forms and Information CollectionSubject Matter: Non-Immigrant VisasAgencies Affected: USCISAssociated or Derivative Policies
Pre Trump-Era Policies
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12/23/16 edition of Form I-539
12/23/16 edition of Form I-539 -
12/23/16 edition of Form I-539 Instructions
12/23/16 edition of Form I-539 instructions
Commentary
USCIS Teleconference on Revised Form I-539 and New Form I-539A
On March 1, 2019, USCIS held a teleconference to discuss revised Form I-539 and new Form I-539A. USCIS provided a summary and Q&As from the 3/1/19 teleconference discussing the revised Form I-539 and new Form I-539A. USCIS discussed the form and biometrics procedures and answered stakeholder questions.
Go to articleAILA Requests Delay to Mandatory Effective Date of Revised Form I-539 and New Form I-539A
On 2/21/19, AILA sent a letter to USCIS Director L. Francis Cissna requesting USCIS to delay the 3/11/19 effective date of revised Form I-539 and new Form I-539A and adopt a 90-day grace period until 6/9/19 to continue to accept the current version of Form I-539 and Supplement A (12/23/16 edition). AILA also requested that USCIS suspend the mandatory biometric appointment requirement, and corresponding biometric fee, for all I-539 applicants until the regulated public has had a meaningful opportunity to comment on this new requirement.
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