USCIS Will No Longer Require Biometric Services Fee for Form I-539 Applicants

Effective October 1, 2023, United States Citizenship and Immigration Services (“USCIS”)  will no longer require applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, to pay the $85 biometric services fee as part of the application process. Additionally, in most cases, 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.”

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Premium Processing Extended to Applicants Seeking to Change into F, M, or J Nonimmigrant Status

As part of its campaign to expand premium processing service, United Sates Citizenship and Immigration Services (“USCIS”) announced it will begin to offer premium processing for certain applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, to change into F, M, or J Nonimmigrant Status.  USCIS will offer premium processing to those seeking to change their status to F, M, or J in phases according to the following schedule:

  • As of June 13, 2023, USCIS is accepting premium processing requests for currently pending I-539 applications for those seeking to change status to F-1, F-2, M-1, J-1, or J-2 status.

  • Beginning June 26, 2023, the agency will accept I-907 requests for premium processing requests from applicants filing new I-539 applications to change status to F-1, F-2, M-1, M-2, J-1, or J-2 status.

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USCIS Implements Final Phase of Premium Processing Service Expansion, Including Option for New Petitions

United States Citizenship and Immigration Services (“USCIS”) announced it is implementing the final phase of its expansion of premium processing for Forms I-140, Immigrant Petition for Alien Workers, in the EB-1 Multinational Executive and Manager and EB-2 National Interest Waiver (NIW) categories. This final phase is set to commence on January 30, 2023. 

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Premium Processing for Pending EB-1 Multinational Executives or Managers and EB-2 NIW Petitions Set to Start

As part of its commitment to expand premium processing service, United Sates Citizenship and Immigration Services (“USCIS”) has announced it will begin to offer premium processing for certain petitioners who have a pending I-140 Immigrant Petition for Alien Worker, under the EB-1 and EB-2 classifications.

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USCIS Plans to Expand Premium Processing Services

United States Citizenship and Immigration Services (“USCIS”) plans to “increase efficiency and reduce burdens to the overall legal immigration system” in order to reduce their extensive adjudication backlogs and increased processing times, by expanding the premium processing service to include additional form types.

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Combined Filing Fees for H-1B and H-1B1 Petitions and Related Forms will No Longer be Accepted by USCIS

Effective April 1, 2022, US Citizenship and Immigration Services (“USCIS”) will no longer accept “single combined joint fees when Form I-539, Application to Extend/Change Nonimmigrant Status, Form I-765, Application for Employment Authorization, or Form I-824, Application for Action on an Approved Application or Petition” which are filed together with an H-1B or H-1B1 Petition for a Nonimmigrant Worker.

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As DHS Withdraws Trump-Era Biometrics Rule, USCIS Will Temporarily Suspend Biometrics for Certain I-539 Applicants and Allow Biometrics Phone Rescheduling

Over the past few weeks, both U.S. Citizenship & Immigration Services (USCIS) and the Department of Homeland Security (DHS) made significant announcements regarding biometrics for certain visa applications as a way of addressing the extensive backlogs for these cases.

Suspending Biometrics for Certain I-539 Applicants

First, effective May 17, USCIS announced that they “will temporarily suspend the biometrics submission 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.” USCIS noted that the agency will permit adjudications for those specific categories to proceed based on biographic information and related background checks, without needing fingerprints and a photograph. The temporary suspension will apply through May 17, 2023, and may be extended or revoked by the USCIS director.

This temporary change in policy will impact applicants seeking an extension of stay or change of status to H-4 (spouses and children of H-1B’s), L-2 (spouses and children of L-1’s), and E (dependents of E-1, E-2 and E-3 principal nonimmigrants) status, whose applications were pending on May 17, 2021 and who have not yet received a biometric services appointment notice, as well as those filing their application after May 17, 2021. Unfortunately, O-3 (spouses and children of O-1s) are not included in the temporary biometrics submission suspension.

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DHS: Delays in Filing Extension and Change of Status Petitions Due to the COVID-19 Pandemic

The Department of Homeland Security (DHS), in response to the immigration-related challenges resulting from the coronavirus (COVID-19) pandemic, has issued additional information about filing extension and change of status petitions for those who “may unexpectedly remain in the United States beyond their authorized period of stay due to COVID-19.” DHS states that in general nonimmigrants must depart the US before their authorized period of admission expires, but if that is not possible because of reasons related to COVID-19, nonimmigrants should note the following:

Applying for an Extension: DHS first notes that many nonimmigrants can mitigate the immigration consequences of COVID-19 by timely filing an application for extension of stay (EOS) or change of status (COS). US Citizenship & Immigration Services (USCIS) is currently accepting and processing applications and petitions, and some forms are available for online filing.

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