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Immigration News Briefs

Provided by Humera Subhani Email Provided by Humera Subhani
March 2019
Immigration News Briefs

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


https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2019/visa-bulletin-for-march-2019.html

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