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U.S. Citizenship and Immigration Services will publish a revised Form I-539 Change/Extension of Status on March 11 and will begin requiring biometrics appointments for applicants. Form I-539 is required for change or extension of status for certain visa holders and for derivative family members of nonimmigrant visa holders, including H-4 spouses of H-1B workers.
Key points:
Background: Form I-539 Extend/Change Nonimmigrant Status is filed by dependents of nonimmigrant visa holders, including H, L, E, O and others such as B-1/B-2 visitors, as well as individuals changing to F, J or M status. The full list is available on the instructions to Form I-539.
BAL Analysis: H-1B employees and other nonimmigrant visa holders and their family dependents should be prepared to work with their BAL professional to sign the new forms soon after they are released on March 11, particularly H-4 spouses, as the release date of the form leaves only three weeks to gather all signatures before H-1B cap season opens on April 1. Derivative family members filing the new Form I-539/I-539A will need to appear in person for their biometrics appointments and should anticipate delays, as USCIS introduces the new process. Processing of Employment Authorization Documents (EAD’s) when filed concurrently with I-539 applications may also be delayed.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
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