Articles Posted in I-539 Change of Status

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We kick off the week with a brand-new update from the U.S. Citizenship and Immigration Services (USCIS) for those applying to extend or change their nonimmigrant status using Form I-539.

The agency has announced that it will be exempting all I-539 applicants from paying the biometrics service fee of $85 beginning October 1, 2023 (applications postmarked October 1st or later will no longer need to include this fee), 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 status.


Will I still be scheduled for a biometrics (fingerprint) appointment?


USCIS has said that if you have filed Form I-539 before October 1st, certain filers will still be scheduled for an ASC appointment and should still attend that appointment as scheduled.

In most cases, however after October 1st applicants will not be scheduled to attend a biometric services appointment.

In some cases, USCIS may determine that biometrics are required and send the applicant a notice with information about appearing for their biometric services appointment.


What happens if I submit the biometrics fee by mistake?


If you mistakenly submit the $85 biometric services fee and the payment is submitted separately from the Form I-539 fee, USCIS will return the biometric services fee and accept the Form I-539.

If you mistakenly submit the biometric services fee and the payment is combined with a paper-based Form I-539 filing fee, USCIS will consider this an incorrect filing and reject your Form I-539.

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The news you have been waiting for is finally here. The U.S. Citizenship and Immigration Services (USCIS) has announced the expansion of premium processing for applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, and seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 nonimmigrant status.

For the first time ever, USCIS will also allow the online filing of Form I-907, Request for Premium Processing Service, for these applicants.


When can I request Premium Processing service?


IMPORTANT: applicants may not request premium processing before the dates indicated below

The expansion of premium processing service for certain Form I-539 applicants will occur in two phases as follows:

  • Starting tomorrow Tuesday June 13, 2023, USCIS will accept Form I-907 requests, filed via paper form or online, for applicants seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 status, who have a pending Form I-539, Application to Extend/Change Nonimmigrant Status.
  • Starting Monday June 26, 2023, USCIS will accept Form I-907 requests, filed either via paper form or online, for applicants seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 statuswhen filed together with Form I-539.

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Today, January 12, 2023, the U.S. Citizenship and Immigration Services (USCIS) announced that it is implementing the final phase of its expansion of premium processing for Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 immigrant classifications.


Who does this phase apply to?


This phase applies to new (initial) petitions, and all previously filed Form I-140 petitions under an E13 multinational executive and manager (EB-1C) classification or E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW) (EB-2).


When does premium processing open for new and pending EB-1C and EB-2 petitions?


Under the final phase of premium processing, effective January 30, 2023, USCIS will begin accepting premium processing upgrades for:

  • All pending E13 multinational executive and manager petitions (EB-1C) and E21 NIW petitions (EB-2), and
  • All initial E13 multinational executive and manager petitions (EB-1C) and E21 NIW petitions (EB-2)
  • Petitioners who wish to request a premium processing upgrade must file Form I-907, Request for Premium Processing Service.

The expansion of premium processing was first known to the public with the release of the final rule entitled, “Implementation of the Emergency Stopgap USCIS Stabilization Act,” published in the Federal Register on March 30, 2022. As part of this final rule, USCIS announced the gradual expansion of premium processing to certain additional form types over a three-year period.


Background of the Planned Expansion of Premium Processing


The first phase of the planned expansion of premium processing was announced during May of 2022 and applied to certain pending EB-1 Multinational Executive and Manager and EB-2 NIW petitions.

Later, in July the agency announced a second phase of premium processing expanding premium processing of these categories to EB-1C petitions received by USCIS on or before July 1, 2021, and EB-2 petitions received by USCIS on or before August 1, 2021.

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Welcpuzzle-g75f3e575f_1920ome back to Visalawyerblog! We hope you had a wonderful holiday break and wish you a prosperous new year ahead.

We kick off the new year with some important updates in the world of immigration.

Today, the United States Citizenship and Immigration Services (USCIS) officially announced a Notice of Proposed Rulemaking (NPRM) that will be posted in the Federal Register tomorrow Wednesday, January 4, 2023 that will increase filing fees for certain types of immigration benefits. An unpublished version is already available in the Federal Register.

A 60-day public comment period will follow the publication of the NPRM on January 4, 2023 and will close on March 5, 2023.

Fees will not change until the final rule goes into effect, and only after the public has had the opportunity to comment and USCIS finalizes the fee schedule in response to such public comments. USCIS will host a public engagement session on the proposed fee rule on January 11, 2023.

According to USCIS, the proposed fee increases are necessary to ensure that the agency will have enough resources to provide adequate services to applicants and petitioners moving forward. The agency has said that after having conducted a review of current fees, it has determined that it cannot cover the full cost of providing adjudication and naturalization services without a fee increase.

The agency cited the COVID-19 pandemic as one of the factors leading the agency to increase its fees. As you may recall, the pandemic caused a dramatic reduction in the filing of new applications, leaving USCIS with a substantial decrease in revenues of 40 percent. This unfortunate drop in applications led USCIS to reduce its workforce accordingly.

With current resources, the agency has said it is incapable of adjudicating applications in a timely manner, when considering that agency caseloads are now returning to pre-pandemic levels.

Among the new proposals included in the NPRM are measures that:

  • Incorporate biometrics costs into the main benefit fee and remove the separate biometric services fee
  • Require separate filing fees for Form I-485 and associated Form I-131 and Form I-765 filings
  • Establish separate fees for Form I-129, Petition for Nonimmigrant Worker, by nonimmigrant classification.
  • Revise the premium processing timeframe interpretation from 15 calendar days to 15 business days
  • Create lower fees for certain immigration forms filed online.

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In this blog post, we bring you some unfortunate news. Recently, the U.S. Department of Education announced that it will no longer recognize the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency.

Sadly, this means that certain F-1 student visa applicants will be impacted by this change, including those undertaking an English language study program. The U.S. Citizenship and Immigration Services has said that such programs are required to be accredited under the Accreditation of English Language Training Programs Act.

Additionally, this change will impact F-1 students applying for a 24-month science, technology, engineering and mathematics (STEM) optional practical training (OPT) extension, because government regulations now require use of a degree from an accredited, Student and Exchange Visitor Program (SEVP) certified school to receive a STEM OPT extension.

The regulations make clear that the school must be accredited at the time of the application (the date of the designated school official’s (DSO) recommendation on the Form I-20, Certificate of Eligibility for Nonimmigrant Student Status).


What happens next?


Students who have been impacted by this change will receive notification letters from SEVP informing them that their schools’ certification has been withdrawn.

USCIS has said that students who are enrolled at an ACICS-accredited school should contact their DSOs immediately to understand how this loss of accreditation will impact their status and/or immigration benefits.

To make matters worse, schools accredited by ACICS will not be able to issue program extensions, and students will only be allowed to finish their current session if the ACICS-accredited school chooses to voluntarily withdraw its certification or if is withdrawn by SEVP.

If a student’s ACICS-accredited school can provide evidence of a Department of Education recognized accrediting agency or evidence in lieu of accreditation within the allotted timeframe, the student may remain at the school to complete their program of study.


Requests for Evidence Imminent for I-539 Extend/Change of Status


The U.S. Citizenship and Immigration Services (USCIS) will be issuing requests for evidence (RFEs) to individuals who filed Form I-539, Application to Extend/Change Nonimmigrant Status, on or after August 19, 2022, requesting a change of status or reinstatement to attend an ACICS-accredited English language study program.

Once the individual receives the RFE, they will be given the opportunity to provide evidence in response, such as documentation showing that the English language study program they are seeking to enroll in meets the accreditation requirements.

If the student does not submit a new Form I-20 from a school accredited by an entity recognized by the Department of Education, USCIS will deny a change of status or reinstatement request.

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In this blog post, we share with you some new biometrics updates recently announced by the United States Citizenship and Immigration Services (USCIS).


Biometrics Submissions Waived for Certain I-539 Applicants


Beginning May 17, 2021, USCIS will be temporarily suspending the biometrics submission requirement for applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, who are requesting an extension of stay in or change of status to H-4, L-2, and E nonimmigrant status.

Starting on Monday next week, for these applicants only, USCIS will rely on biographical information and related background checks, without requiring applicants to provide fingerprints and a photograph. This new discretionary policy will be in effect until May 17, 2023, until it is extended or revoked by the USCIS director.

Who will not be required to submit to biometrics submission?

Pursuant to this new announcement, the temporary biometrics suspension will apply to applicants filing Form I-539 requesting the following:

  • Extension of stay in or change of status to H-4 nonimmigrant status;
  • Extension of stay in or change of status to L-2 nonimmigrant status;
  • Extension of stay in or change of status to E-1 nonimmigrant status;
  • Extension of stay in or change of status to E-2 nonimmigrant status (including E-2C (E-2 CNMI Investor)); or
  • Extension of stay in or change of status to E-3 nonimmigrant status (including those selecting E-3D).

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PLEASE NOTE: THE INFORMATION IN THIS POST NO LONGER APPLIES. ON FEBRUARY 21, 2020, THE SUPREME COURT ISSUED A RULING ALLOWING THE GOVERNMENT TO IMPLEMENT THE PUBLIC CHARGE RULE TO RESIDENTS IN THE STATE OF ILLINOIS. USCIS HAS ANNOUNCED THAT THE PUBLIC CHARGE RULE WILL BE IMPLEMENTED NATIONWIDE INCLUDING IN THE STATE OF ILLINOIS TO APPLICATIONS POSTMARKED ON OR AFTER FEBRUARY 24, 2020.

In this blog post we will discuss whether the public charge rule applies to individuals living in Illinois.

The Supreme Court’s decision on January 27, 2020 lifted all lower court injunctions preventing the government’s implementation of the public charge rule, with the exception of an injunction preventing the government from imposing the rule in the state of Illinois.

USCIS has clearly stated that although the agency will implement the public charge rule on February 24, 2020, the agency is prohibited from implementing the rule in the state of Illinois, where it remains enjoined by the U.S. District Court for the Northern District of Illinois.

Accordingly, at this time, the public charge rule does not apply to individuals living in the state of Illinois. In the event the injunction in Illinois is lifted the public charge rule may apply. If this occurs, USCIS will provide additional guidance for individuals residing in the state of  Illinois on its website.

The following frequently asked questions have been prepared to better inform applicants and petitioners living in the state of Illinois regarding the public charge rule.

Q: Does the rule apply to adjustment of status applicants in State of Illinois?

A: No. USCIS has clearly stated on its website that, “applicants for adjustment of status who live in Illinois and who are subject to the public charge ground of inadmissibility are not subject to the final rule.”

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As a reminder, we would like to inform our readers that USCIS has published a revised Form I-539 Application to Extend/Change Nonimmigrant Status. Beginning March 21, 2019, after close of business, USCIS will no longer accept Form I-539 with an edition date of 12/23/16 or earlier.

Applicants must send revised Form I-539 with edition date of 02/04/19. USCIS has also published a new I-539A Supplemental Information for Application to Extend/Change Nonimmigrant status, which replaces Supplement A of Form I-539.

Per the USCIS website:

We have revised Form I-539, Application to Extend/Change Nonimmigrant Status and will publish the revised form on our website on March 8, 2019. We will be removing the 12/23/16 version of Form I-539 from uscis.gov on March 8 but will be allowing for a two-week grace period, until close of business on March 21, for that version to be received by USCIS. Starting on March 22, we will only accept the revised Form I-539 with an edition date of 02/04/19. We will reject any Form I-539 with an edition date of 12/23/16, or earlier, that is received by USCIS after March 21.

We will also be publishing a new Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status, on the Form I-539 webpage on March 8. Form I-539A replaces the Supplement A provided in previous versions of Form I-539. Form I-539A can only be submitted with Form I-539; it cannot be filed as a standalone form.

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Beginning March 22nd, USCIS will only accept the revised version of Form I-539 Application to Extend/Change Nonimmigrant Status with edition date 02/04/2019. USCIS will reject any Form I-539 with an edition date of 12/23/16, or earlier, that is received by USCIS after March 21st.

USCIS will accept the 12/23/16 version of Form I-539 from now until close of business on March 21st.

The revised version of Form I-539 will be published on the USCIS website today, March 8, 2019. In addition, USCIS will be publishing a new Form I-539A Supplemental Information for Application to Extend/Change Nonimmigrant Status, on the Form I-539 webpage on March 8. Form I-539A replaces the Supplement A provided in previous versions of Form I-539. Form I-539A can only be submitted along with Form I-539.

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Senate Introduces Bill to Grant TPS to Venezuelans

The Senate has introduced a bipartisan bill that would allow Venezuelans to seek temporary protected status (TPS) in the United States.

The bill is spearheaded by Bob Menendez of New Jersey, Dick Durbin of Illinois, Patrick Leahy of Vermont, and Marco Rubio of Florida.

According to the United Nations, more than 3 million Venezuelans have fled their country to escape the dire economic crisis. Venezuelans are struggling to afford basic necessities such as food and toiletries due to the astronomic inflation rate plaguing the country.

The United Nations has called on nations like the United States to take in Venezuelan refugees, given the strain placed on South American countries who have few resources to provide for incoming refugees.

The bill is not expected to advance until the new year, but it is the first step in making Venezuela’s government accountable for the economic crisis and providing relief to Venezuelan nationals.

Asylum requests are currently at an all-time high for Venezuelan nationals.

I-539 Workload Transfer

USCIS has announced the transfer of Form I-539 Application to Extend/Change Nonimmigrant Status for F, M, J, or B nonimmigrants from the Vermont Service center to the Texas Service Center, Nebraska Service Center, California Service Center, and Potomac Service Center.

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