Home > Magazine > Immigration > Immigration News Briefs

Immigration News Briefs

Provided by Humera Subhani

November 2023

No biometric services fee for all I-539s

USCIS is now exempting the biometric services fee for Form I-539, Application to Extend/Change Nonimmigrant Status. Beginning October 1, USCIS exempted the $85 biometric services fee as part of the application process for Form I-539. You do not need to pay the fee if your application is postmarked Oct. 1 or later. However, if you filed Form I-539 prior to Oct. 1, certain filers will still be scheduled for an ASC appointment and should still attend that appointment as scheduled. In most cases, after Oct. 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.

If you mistakenly submit the 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 paperbased Form I-539 filing fee, this is considered an incorrect filing and they will reject the Form I-539. 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 September 30, 2023.

EAD validity increases in some cases

On September 17, USCIS increased the maximum validity period to 5 years for initial and renewal Employment Authorization Documents (EADs) for certain noncitizens who are employment authorized incident to status or circumstance, including those admitted as refugees, paroled as refugees, and granted asylum, as well as recipients of withholding of removal.

USCIS also increased the maximum validity period to 5 years for initial and renewal EADs for certain noncitizens who must apply for employment authorization, including applicants for asylum or withholding of removal, adjustment of status under INA 245, and suspension of deportation or cancellation of removal. The updated guidance published in the USCIS policy manual also explains the categories of noncitizens who are automatically authorized to work (also known as being employment authorized incident to status or circumstance).

New online change of address tool

In October, USCIS launched a new Enterprise Change of Address (E-COA) self-service tool to allow customers with pending applications, petitions, or requests to update their address with USCIS more easily. With E-COA, most individuals with a USCIS online account can update their mailing and physical address with USCIS for pending applications, petitions, or requests in a single place, eliminating the need to update the address in multiple places; fill out a paper AR-11, Alien’s Change of Address Card; call the Contact Center; or visit a USCIS Field or Asylum Office. E-COA will automate address changes for almost all form types (the exceptions are listed at uscis. gov/addresschange).

Individuals protected under 8 USC 1367 (persons who have pending or approved applications or petitioners for Violence Against Women Act (VAWA) benefits, T nonimmigrant status, or U nonimmigrant status and their beneficiaries or derivatives) cannot use E-COA during the initial phase. Please note that changing your address with the U.S. Postal Service (USPS) will not change your address with USCIS.

APPLICATION FINAL ACTION DATES FOR NOVEMBER 2023

FAMILY	India	Pakistan/Bangladesh
1st	01Jan15	01Jan15
2A	08Feb19	08Feb19
2B	22Sep15	22Sep15
3rd	**08Jan09**	**08Jan09**
4th	18Oct05	22Apr07

EMPLOYMENT	India	Pakistan/Bangladesh
1st	01Jan17	Current
2nd	01Jan12	15Jul22
3rd	**01May12**	01Dec21
Other	**01May12**	01Aug20
4th	01Jan19	01Jan19
5th	15Dec18	Current1B

DATES FOR FILING VISA APPLICATIONS - NOVEMBER 2023

FAMILY	India	Pakistan/Bangladesh
1st	01Sep17	01Sep17
2A	01Sep23	01Sep23
2B	01Jan17	01Jan17
3rd	01Mar10	01Mar10
4th	22Feb06	01Mar08

EMPLOYMENT	India	Pakistan/Bangladesh
1st	01Jul19	Current
2nd	15May12	01Jan23
3rd	01Aug12	01Feb23
Other	01Aug12	15Dec20
4th	01Mar19	01Mar19
5th	01Apr22	Current1B