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Immigration News Briefs

Provided by Humera Subhani

March 2019

Revision for Change of Status/Dependent Applications
A revised Form I-539, Application to Extend/Change Nonimmigrant Status, will require most applicants and any family members included in the application to
• Appear in person at a USCIS Application Support Center to have their biometrics taken (fingerprints, photo, and/ or digital signature), regardless of age, and pay a biometrics fee of $85, and
• Sign the application to change or extend their status. Parents and guardians may sign on behalf of children under 14 or those incompetent to sign. Previously, only the principal applicant was required to sign the form.

USCIS is expected to publish the new form on March 11, the effective date of the new requirements. Prior editions of Form I-539 will not be accepted after March 10, unless USCIS decides to provide a grace period.

Some categories affected by this revision:
• Spouses and children of H-1B, L-1, and other principal employment-based nonimmigrant beneficiaries;
• B-1/B-2 business visitors;
• F-1 students and J-1 exchange visitors, for certain changes and extensions of status (but not changes of status to H-1B, L-1, or another employer-sponsored nonimmigrant category).

Longer processing times expected
Biometrics collection and related background checks will mean that affected foreign nationals may have to wait longer for USCIS adjudication of their changes and extensions of status. Also, the processing of applications for employment authorization documents (EADs) filed with Form I-539 could be delayed. This includes EAD applications for H-4, L-2, and E spouses.

Impact on FY 2020 H-1B cap season
Under USCIS’s current plans, the new I-539 form will be required for changes of status to H-4 filed by the dependent family members of foreign nationals being sponsored under the FY 2020 H-1B cap, which begins April 1, 2019. However, the new I-539 form is scheduled to be released only a few weeks before the April 1 start of the FY 2020 cap filing period, and it will take effect immediately. This leaves limited time to prepare H-4 applications before the cap filing period opens. The business immigration community is working to make USCIS aware of the impact of the new Form I-539 on time-sensitive H-1B cap cases.

Online Status Feature for Some Asylum Applicants
Applicants with a pending affirmative asylum application with USCIS can now check the status of their applications online at uscis.gov/casestatus. Defensive asylum applicants whose cases are pending in immigration court will not be able to check status online, but will continue to check their case status through an asylum office in person or by phone, fax, or email.

APPLICATION FINAL ACTION DATES FOR March 2019

FAMILY	India	Pakistan/Bangladesh
1st	22Oct11	22Oct11
2A	08Jan17	08Jan17
2B	01Aug12	01Aug12
3rd	08Sep06	08Sep06
4th	08Jul04	22Sep05

EMPLOYMENT	India	Pakistan/Bangladesh
1st	22Feb17	01Jan18
2nd	09Apr09	Current
3rd	22May09	Current
Other	22May09	Current
4th	Current	Current
5th	Current	Current1B

DATES FOR FILING VISA APPLICATIONS - March 2019

FAMILY	India	Pakistan/Bangladesh
1st	22Apr12	22Apr12
2A	08Dec17	08Dec17
2B	22Jun14	22Jun14
3rd	01Mar07	01Mar07
4th	08Feb05	22Jun06

EMPLOYMENT	India	Pakistan/Bangladesh
1st	01Oct17	01Jun18
2nd	22May09	Current
3rd	01Apr10	Current
Other	01Apr10	Current
4th	Current	Current
5th	Current	Current1B