The premium processing fee for all I-765 applications and most I-539 applications will be no higher than $1,750, and the processing timeframe will not exceed 30 days. To avoid the issue of the biometrics appointment, some derivative applicants are opting instead for a nonimmigrant visa issued by a U.S. consulate abroad, filed after the primary I-129 petition is approved. On March 1, 2019, USCIS reported that I-539 applications filed concurrently with a qualifying I-129 petition will no longer be eligible for premium processing. Speak with an ISSS I filed an I-539 extension application for a B2 visa on March 11, 2014 and my current B2 visa expires on May 8. At a glance A stopgap spending measure signed into law by President Trump funds the U.S. government through December 11, 2020, while also broadly expanding the USCIS premium processing program to include many employment-based case types and increase the base fee to $2,500, from $1,440. It generally takes three weeks to complete I-539 biometrics, which means it would be difficult for USCIS to meet the premium processing’s 15 day guarantee. On March 1, 2019, USCIS reported that I-539 applications filed concurrently with a qualifying I-129 petition will no longer be eligible for premium processing. I-539 applications are now entirely separate from I-129 petitions. File Form I-539 to extend your status while your permanent resident case is pending. I. 2.a. New Biometrics Requirement for I-539 Leads to End of Courtesy Premium Processing The USCIS guarantees that qualifying petitions filed for premium processing will be processed within fifteen (15) calendar days. Processing Information l.b. It is fairly common for dependents of a nonimmigrant worker to file an application to extend / change nonimmigrant status (form I-539) concurrently with the principal spouse’s petition for a nonimmigrant worker (form I-129). The gap between the two processing times proves an issue for some joint I-129, I-539 cases. Form I-539, Application to Extend/Change Nonimmigrant Status, in itself, is not and was not eligible for Premium Processing; but as a courtesy, USCIS has historically processed a Form I-539 that was filed together with premium processing eligible forms, such as Form I … Copyright © 2019, MURTHY LAW FIRM. Though the law took effect immediately, it could take several weeks or more for … Biometrics is considered as a pre-requisite to process the general form. 2.b. Use the start date on your I-20 or DS-2019 for the effective date. UNITED KINGDOM. If you have concerns on how the new I-539 processing times may impact your case or are interested in our U.S. nonimmigrant visa services, please contact Berardi Immigration Law to schedule a consultation. The Form I-539 has never been eligible for the government’s 15-day Premium Processing Service (PPS), but a particular subset of I-539 applicants — the dependents of principal nonimmigrants (e.g., the H-4 spouse of an H-1B worker) — have, until recently, benefited from “courtesy” PPS of the I-539 if it was filed with the principal’s own PPS’d application or petition. The processing time for Form I-539 varies depending on which service center handles your petition. USCIS states that the new I-539 biometric requirement takes at least three weeks to complete and therefore cannot … Imposing the additional biometrics requirement for spouses and children filing I-539 applications is a prime example of this, as is the corresponding elimination of the courtesy premium processing service. All Rights Reserved. Berardi Immigration Law’s award-winning immigration lawyers bring experience and knowledge to your immigration case with a personal touch. Since my application is in review, can I stay in the U.S.A. even if I don't have a decision by the time my B2 visa expires? Applicants would get approval, RFE or Denial based on general application processing and documentation. On July 31, 2020, USCIS announced changes to its fee structure and processes, including a weighted average fee increase of 20%, extended Premium Processing timeline, and form changes for several petitions, including nonimmigrant worker petitions and employment authorization applications, among others. V nonimmigrants: You may file Form I-765 with Form I-539. When filed together under premium processing, USCIS usually approves the I-129 and I-539 together within the 15-calendar day adjudication window, although not obligated to do so. Part 3. Standard processing now applies to all I-539 applications, even if filed concurrently with an I-129 that is filed with premium processing. Newport Beach, CA 92660, Telsec Business Centres I-539 applications cannot be premium processed. Earlier this year, the USCIS introduced a new biometrics requirement for all I-539 applications. Leave blank Select this option. The new biometric requirement will most likely deprive the dependent of any premium processing. Under the current Administration, USCIS processing times have increased significantly – one of the many additional barriers that have been erected to make legal immigration more burdensome, expensive, and inconvenient. This made sense, because it was more efficient to review and approve both petitions together. For immigration benefit types eligible for premium processing service on or before August 1, 2020, the fee will be $2,500, except for the H-2B or R categories, which will have a $1,500 fee. In the past, USCIS was processing H4 petitions faster, when the H1B was filed in premium. Several weeks after the I-539 is filed, the applicant is scheduled for a biometrics appointment, and the I-539 cannot be approved until the biometrics is completed. In the past, it used to done as courtesy. I/We request that my/our current or requested status be extended until (mm/dd/yyyy) MM Check this box if you were granted or are seekin Check that gou are requesting Duration of Status (D/S). The statute does not specifically apply this limit to certain types of I-539 applications, such as those for B-1/B-2 applicants. Re: Recommend the expansion of the Premium Processing Service (PPS) to include employment-based change-of-status (I-539) applications. Rochester, NY 14618, 4299 MacArthur Boulevard All Rights Reserved. 3.b. The I-539 is a handy form issued by U.S. As the result of a new Form I-539, released also in March 2019, each I-539 applicant is required to attend a biometrics appointment for the purpose of verifying applicants’ identities and combatting humanitarian concerns. _ Complete this section. Duration of Status, Is this application based on an extenslon or c ange o Form I-539, Application to Extend/Change Nonimmigrant Status, in itself, is not and was not eligible for Premium Processing; but as a courtesy, USCIS has historically processed a Form I-539 that was filed together with premium processing eligible forms, such as Form I … The USCIS recently announced, however, that this practice has been abandoned. When filed together under premium processing, USCIS usually approves the I-129 and I-539 together within the 15-calendar day adjudication window, although not obligated to do so. It takes approximately three weeks for the biometrics to be completed, meaning I-539 applications can no longer be completed in the 15-day premium processing time frame. Step 4 – General Processing of I-539 : After the biometrics are complete, then the standard processing of the Form I-539 starts. BACKGROUND Premium Processing Service (PPS) allows U.S. businesses to pay a $1,000 fee for the 15-calendar day processing of their petitions and applications. The USCIS has always taken the position that premium processing only applies to the principal filing the Form I-129, and processing the I-539 and I-765 is only a courtesy. contact Berardi Immigration Law to schedule a consultation, DHS Announces Upcoming H-1B Lottery Season & Delays Effective Date of the H-1B Selection Final Rule, DOL Issued a Revised Wage Rule Restructuring the Prevailing Wage System, Canada Announces Further Restrictions on Air & Land Travel Amidst COVID-19 Pandemic, USCIS will Replace the Sticker Issued to Permanent Residents Extending the Validity of their Green Cards, Things to Consider when Attending Interviews with USCIS in the wake of COVID-19, President Biden Signs 6 Immigration-related Executive Orders his First Day in Office. Standard processing now applies to all I-539 applications, even if filed concurrently with an I-129 that is filed with premium processing. Due to this delay, the USCIS cannot adjudicate the I-539 forms within the same premium processing timeframe as form I-129 petitions. Hire Us. Suite 210 This is due to the fact that the revised Form I-539 now requires a new biometric requirement. However, we cannot process a Form I-539 at the same time because that form requires biometrics collection in order to complete the adjudication process. I-539 applications have never been eligible for premium processing but, as mentioned above, generally have been processed under premium processing, when filed concurrently with the principal’s I-129 petition and I-907 request. Please Note: Even if Form I-539 is submitted concurrently with the H-1B petition under premium processing, the H-4 application will likely take longer to be processed due to the new biometric services requirement for each H-4 applicant. Not anymore. London TW1 1JT Currently, when an applicant files Form I-539 concurrently with the Form I-129, Petition for Nonimmigrant Worker, USCIS typically adjudicates them simultaneously. Therefore, the USCIS has opted to eliminate the premium processing of these I-539 applications. As a courtesy, we strive to quickly process Forms I-539 that are filed together with a Form I-129 or I-140. Delays of H4, H4 EAD, L2 with Biometrics USCIS may try to adjudicate faster, but due to Biometrics collection, it may not happen. You may file Form I-765 with Form I-539. As such, I-539 applications are now separated from the I-129 petitions and are no longer eligible for premium processing. The USCIS guarantees that qualifying petitions filed for premium processing will be processed within fifteen (15) calendar days. Since premium processing is not available for I-539 applications, they will follow the regular processing queue. Processing of Employment Authorization Documents (EAD’s) when filed concurrently with I … 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. You may travel outside of the United States and be readmitted as a K-3/4, if you have a valid passport and K-3/4 visa. Due to the two different processing time standards, the I-129 and the I-539 applications will no longer be processed together, with the I-539 pending for what may be substantially longer. Under the new law, USCIS is directed to expand premium processing to most employment-based application categories, including applications for employment authorization (I-765) and applications to change or extend status (I-539) for the dependents of H-1B, L-1 and other principal nonimmigrant categories. The standard applies regardless of age. Historically, if the I-129 was filed with a request for premium processing (form I-907), the U.S. USCIS stated it can no longer offer its courtesy premium processing service I-539 applications because of the addition of biometric requirements for all I-539 applicants. There are some lucky cases that may get faster processing. © 2021 Berardi Immigration Law. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. Learn More, The Murthy Law Firm can conveniently and efficiently consult and/or represent clients located anywhere in the United States or abroad on U.S. immigration matters. Suite 202 USCIS announced the change was necessary to accommodate wait time on the biometrics appointments necessary for the Form I-539 adjudication. CANADA, 5 Kenley Road The American Immigration Lawyers Association (AILA) reports that USCIS will no longer continue its “courtesy practice” of providing premium processing service to H-4 and L-2 applications (Form I-539) filed concurrently with H-1B and L-1 petitions (Form I-129). Premium processing for Form I-539 applications concurrently filed with a qualifying I-129 petition were previously processed as a courtesy. At the heart of our firm is a focus on client relationships, responsiveness, and our deep commitment to helping you or your corporation achieve the goal of living or working in the U.S. 140 Allens Creek Road © 2021 Murthy Law Firm. In addition to the new biometrics requirement, USCIS will no longer provide the premium processing service to I-539 applications filed with I-129 petitions. Most I-539 petitions are handled in the Vermont Service Center, which typically takes about 12 – 16 months—though it can be as short as 9 months for individuals seeking an extension of stay as a … Based on H1B + H4 Biometrics Experiences, it’s not adjudicated in same 15 days. Premium Processing The USCIS did not address their proposed handling of I-539/I-539A applications accompanying principal applications which can be premium processed (such as H-4 applications filed with a premium processed H-1B petition). USCIS now requires every I-539 applicant pay a biometrics fee and an Application Support Center appointment take place to capture the applicant’s biometrics. USCIS announced the change was necessary to accommodate wait time on the biometrics appointments necessary for the Form I-539 adjudication. This has led to I-539 applications taking substantially longer to process. Premium processing is not available for Form I-539 applications. 1 Yonge Street, Suite 1801 Citizenship and Immigration Services (USCIS) would adjudicate the concurrently-filed I-539 application via premium processing, as well, as a courtesy. I-539 biometrics generally take at least three weeks to be completed, while USCIS’s premium processing is a 15-day timeframe. Categories: NewsUS Immigration For CanadiansWork In The US, Tags: Biometrics appointmentpremium_processingvisa application processVisa services. Toronto, Ontario M5E 1W7 I-539 Applications for TD Visa Status No Longer Eligible for Premium Processing Earlier this year USCIS revised its I-539 form, which among other things, is utilized by TN visa worker’s family members to change to, or to extend their TD visa status from within the U.S. USCIS guarantees that within 15 days Citizenship and Immigration Services (USCIS) allowing people in the U.S. on nonimmigrant (temporary) visas to apply to switch to another type of visa (change status) or to extend their stay in the United States.. A nonimmigrant visa allows a foreign national to enter and stay in the United States for a specific purpose and a limited amount of time. No, I-539 form does not have premium Processing. But, since the introduction of Biometrics process for form I-539, they do not process H4 petitions faster, even if H1B in premium. 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