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Fee Rule NPRM Changes: Edits Made
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Application to Extend/Change
Nonimmigrant Status
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Revised Body Text
CTA
Currently, you may file an Application to Extend/Change Nonimmigrant Status (I‐539) online if you are filing for yourself.
You should refer to Instructions for Form I‐539 to see if you can use this online form for your nonimmigrant status.
Before you start your application
Eligibility
You may be eligible to apply for an extension of your authorized stay if:
・You were lawfully admitted into the United States with a nonimmigrant visa;
・Your nonimmigrant visa status remains valid;
・You have not committed any crimes that make you ineligible for a visa;
・You have not violated the conditions of your admission ; and
・Your passport is valid and will remain valid for the duration of your sta y.
If your nonimmigrant status is based on the fact that you are a family member or dependent of an individual who has already been granted nonimmigrant status, then you must file your application
while that individual continues to maintain a valid nonimmigrant status. Family members and dependents are limited to the same period of authorized stay as the principal immigrant.
You may NOT be granted an extension or change of status if you were admitted under the Visa Waiver Program or if your current status is:
・An alien in transit (C) or in transit without a visa (TWOV)
・A crewman (D)
・A fiancé(e) or dependent of a fiancé(e) (K‐1 or K‐2)
EXCEPTION: A K‐3 and K‐4 are eligible to apply for an extension of status. They should file for an extension during the processing of Form I‐130 filed on their behalf and up to completion of their
adjustment‐of‐status application.
Fee
The application fee is $370. An additional biometrics services fee of $85 is required for you and for each person included on a Form I‐539A.
We will automatically calculate the cost for you when you submit your application, including any exceptions to the fees that may apply in your case.
Learn more about filing a fee waiver.
We will automatically calculate the cost for you before
you submit your application, including any exceptions
to the fees that may apply in your case. See Form G‐
1055, available at www.uscis.gov/g‐1055, for specific
information about the fees applicable to this form.
Learn more about filing a fee
waiver.
Fee Exceptions
The following nonimmigrants are not required to submit the biometric services fee for either themselves or any dependents included on Form I‐539A:
1. Individuals changing to H‐4, L‐2 or E nonimmigrant status;
2. Individuals extending H‐4, L‐2 or E nonimmigrant status
This exception will apply to applications filed through May 17, 2023, subject to extensions as announced on the USCIS website.
Refund Policy
USCIS does not refund fees, regardless of any action we take on your application, petition or request, or how long USCIS takes to reach a decision. By continuing this transaction,
you acknowledge that you must submit fees in the exact amount and that you are paying the fees for a government service.
Please refer to the instructions for the form(s) you are filing for additional information or you may call the USCIS Contact Center at 800‐375‐5283. For TTY (deaf or hard of
hearing) 800‐767‐1833.
Filing online
Submitting your application online is the same as mailing in a completed paper form. They both gather the same information and cost the same.
Documents you may need
Most applicants will be required to submit:
・Nonimmigrant Arrival‐Departure Record (I‐94) for all applicants
・Passport and travel document numbers
・A valid passport
Several other documents will be required depending on your current nonimmigrant status. We will automatically determine which documents you should provide us as you fill
out your application.
After you submit your application
Completing your form online
Track your case online
After you submit your form, you can track its status through your USCIS account. Sign in to your account often to check your case status and read any important messages from
USCIS.
Respond to requests for
information
If we need more information from you, we will send you a Request for Evidence (RFE) or Request for Information (RFI). You can respond to our request and upload your
documents through your USCIS account.
Provide your biometrics
If necessary, we will contact you to schedule an appointment at an Application Support Center near you. At the appointment, we will get your fingerprints, photograph, and
signature.
Provide as many responses
as you can
You should provide as many responses as you can. Incomplete fields or sections and missing information can slow down the process after you submit your form. If you do not finish your form in one
session, you can sign in to your account to continue where you left off.
We will automatically save
your responses
We will automatically save your information when you select next to go to a new page or navigate to another section of the form. Your responses will be saved for 30 days. You
can sign in to your account at anytime to continue where you left off.
USCIS Privacy Act
Statement
AUTHORITIES: The information requested on this benefit petition, and the associated evidence, is collected pursuant to the Immigration and Nationality Act, 8 U.S.C. sections
1103 and 1184, and Title 8 of the Code of Federal Regulations (CFR) parts 103, 214 and 248.
PURPOSE: The primary purpose for providing the requested information on this benefit application is to apply for an extension of stay or a change from one nonimmigrant
category to another nonimmigrant category. USCIS will use the information you provide to grant or deny the benefit sought.
DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, and any requested evidence, may delay a final decision or result
in denial of your form.
ROUTINE USES: The information you provide on this benefit petition may be shared with other Federal, State, local, and foreign government agencies and authorized
organizations in accordance with approved routine uses, as described in the associated published system of records notices [DHS/USCIS‐007 ‐ Benefits Information System and
DHS/USCIS/ICE/CBP‐001 ‐ Alien File, Index, and National File Tracking System, which can be found at www.dhs.gov/ privacy.] The information may also be made available, as
appropriate for law enforcement purposes or in the interest of national security.
Next
USCIS Compliance Review
and Monitoring
By signing this application, you have stated under penalty of perjury (28 U.S.C. section 1746) that all information and documentation submitted with this application are
complete, true, and correct. You also authorize the release of any information from your records that USCIS may need to determine your eligibility for the immigration benefit
you are seeking and consent to USCIS verifying such information.
DHS has the authority to verify any information you submit to establish eligibility for the immigration benefit you are seeking at any time. USCIS’ legal authority to verify this
information is in 8 U.S.C. sections 1103, 1155, and 1184, and 8 CFR parts 103, 204, 205, and 214. To ensure compliance with applicable laws and authorities, USCIS may verify
information before or after your case is decided.
Agency verification methods may include, but are not limited to: review of public records and information; contact through written correspondence, the internet, fax, other
electronic transmission, or telephone; unannounced physical site inspections of residences and locations of employment; and interviews. USCIS will use information obtained
through verification to assess your compliance with the laws and to determine your eligibility for an immigration benefit.
Subject to the restrictions under 8 CFR 103.2(b)(16), USCIS will provide you with an opportunity to address any adverse or derogatory information that may result from a USCIS
compliance review, verification, or site visit after a formal decision is made on your case or after the agency has initiated an adverse action which may result in revocation or
termination of an approval.
By signing this application, you have stated under penalty of perjury (28 U.S.C. section 1746)
that all information and
documentation submitted with this application are complete, true, and correct. You also
authorize the release of any
information from your records that USCIS may need to determine your eligibility for the
immigration benefit you are
seeking and consent to USCIS verifying such information.
DHS has the authority to verify any information you submit to establish eligibility for the
immigration benefit you are
seeking at any time. USCIS’ legal authority to verify this information is in 8 U.S.C. sections
1103, 1155, and 1184, and
8 CFR parts 103, 204, 205, and 214. To ensure compliance with applicable laws and authorities,
USCIS may verify
information before or after your case is decided.
Agency verification methods may include, but are not limited to: review of public records and
information; contact
through written correspondence, the internet, fax, other electronic transmission, or
telephone; unannounced physical site
inspections of residences and locations of employment; and interviews. USCIS will use
information obtained through
verification to assess your compliance with the laws and to determine your eligibility for an
immigration benefit.
Subject to the restrictions under 8 CFR 103.2(b)(16), USCIS will provide you with an
Paperwork Reduction Act
An agency may not conduct or sponsor in information collection, and a person is not required to respond to a collection of information, unless it displays a currently valid Office
of Management and Budget (OMB) control number. The public reporting burden for this collection of information is estimated at 2.00 hours per response, including the time for
reviewing instructions, gathering the required documentation and information, completing the application, preparing statements, attaching necessary documentation, and
submitting the application. The collection of biometrics is estimated to require 1.17 hours. Send comments regarding this burden estimate or any other aspect of this collection
of information, including suggestions for reducing this burden to:
U.S. Citizenship and Immigration Services
Office of Policy and Strategy, Regulatory Coordination Division
5900 Capital Gateway Drive, Mail Stop #2140
Camp Springs, MD 20588‐0009
Do not mail your completed Form I‐539 to this address.
OMB Number: 1615‐0003
Expires: 12/31/2024
File Type | application/pdf |
File Title | Copy of TOC copy decks for all online filing products - Fee Rule NPRM.xlsx |
Author | sjstout |
File Modified | 2022-11-28 |
File Created | 2022-11-28 |