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66-616: According to the United States Citizenship and Immigration Services website, USCIS guarantees 15 calendar-day processing to I-129 or I-140 petitioners (except National Interest Waiver applicants) who choose to use this service or USCIS will refund the Premium Processing Service fee. For F-1 students applying for initial OPT employment authorization or STEM OPT extension using form I-765, well as for those using form I-539 to change to F, M or J status,

132-547: A Lawful Permanent Resident is Form I-485. However, whereas Form I-485 is always needed when adjusting status within the United States to that of Lawful Permanent Resident from a non-immigrant status, Form I-539 is only needed for some kinds of transitions or extensions of stay. For the following current statuses, any extension of stay beyond that specified on the Form I-94 requires the filing of Form I-539: For

198-530: A designated port of entry with a valid visa, are issued a Form I-94 (those who enter using the VWP are issued a Form I-94W, but they are not eligible to file Form I-539). This form contains an entry for the expiration date. There are two ways the expiration date may be entered: Section 3 of Form I-539 gives the applicant the opportunity to specify a new requested end date (in 1.a.) or either request or indicate that he or she has already been granted D/S. The end date for

264-457: A first step to obtaining an EB-5 visa (investor visa). The USCIS itself came up with proposals in August 2011 that would allow Premium Processing Service requests for EB-5 investor applications (made on Form I-526) for projects that were fully developed and ready to go. However, as of April 2015, the Premium Processing Service is still restricted only to Form I-129 and Form I-140 petitions. After

330-476: A new employer with the same type of status. When changing status to the dependent of a temporary nonimmigrant worker, Form I-539 must be filed. An example is a change from student status to H-4 status , the status for dependents of people on other H visas. A single Form I-539 can be filed for all the dependents (such as the spouse and children) of the Form I-129 beneficiary. Those who want to transition to

396-404: A person can be used for repeated filings of Form I-539 for extension of stay or change of status. Form I-539 is generally not filed in isolation; it must be supported by two kinds of proofs. For most cases, the filing fee is $ 370, with no additional fees. There are a few exceptions: People who are not United States citizens or lawful permanent residents, when they enter the United States at

462-516: A phased resumption of Premium Processing through June 2020 as follows: On March 20, 2018, USCIS announced that it would suspend, until September 10, 2018, Premium Processing for all petitions subject to the Fiscal Year 2019 cap (in particular, this would not include transfer petitions or extensions). Petitions for Fiscal Year 2019 (earliest start date possible: October 1, 2018) would open on April 2, 2018. On August 28, 2018, USCIS announced that it

528-469: A previously filed Form I-129 or I-140. When the USCIS says it will process the application within 15 days (or 30/45 days for F-1 OPT/National Interest Waiver petitioners, respectively), this does not mean that a final decision about the application will be reached within that timeframe. Rather, the USCIS promises one of the following four responses: If the USCIS issues a RFE or NOID, the applicant must file

594-452: A specific name, and an alphanumeric sequence consisting of a letter followed by two or three digits. Forms related to immigration are designated with an I (for example, I-551, Permanent Resident Card ) and forms related to naturalization are designated by an N (for example, N-400 , Application for Naturalization). Ken Cuccinelli served from July 8 to December 31, 2019, as de facto Acting Director. His tenure as Acting Director

660-437: A student or scholar or dependent status (such as F, J, or M) must first get the corresponding authorization from the institution (such as Form I-20 for F status and Form DS-2019 for J status) and then use that to file Form I-539. If transferring to student status using Form I-539, it is necessary to first pay the same SEVIS fee that applicants from outside the United States need to pay in order to apply for their visa. Until

726-456: A timely response. The USCIS has an additional 15 days to process the application after receiving the applicant's response. Form I-907 need not be filed again, and the premium processing fee need not be paid again. At present, the Premium Processing Service is available for all visa classes for which Forms I-129 and I-140 can be used, with the exception of Form I-129 filings that request a change or an initial grant of status for beneficiaries within

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792-714: Is an agency of the United States Department of Homeland Security (DHS) that administers the country's naturalization and immigration system. It is a successor to the Immigration and Naturalization Service (INS), which was dissolved by the Homeland Security Act of 2002 and replaced by three components within the DHS: USCIS, Immigration and Customs Enforcement (ICE), and Customs and Border Protection (CBP). USCIS performs many of

858-529: Is available for download from the USCIS website. The filing address depends on the type of status change or extension that the applicant is requesting. The possible filing addresses include lockbox facilities, service centers, and (in the case of diplomatic statuses) appropriate international bodies. Form I-539 may be filed electronically using the Electronic Information System (ELIS) for some categories. A single ELIS account created by

924-588: Is funded almost entirely by user fees, most of it via the Immigration Examinations Fee Account (IEFA). USCIS is authorized to collect fees for its immigration case adjudication and naturalization services by the Immigration and Nationality Act . In fiscal year 2020, USCIS had a budget of US$ 4.85 billion; 97.3% of it was funded by fees and 2.7% by congressional appropriations . USCIS consists of approximately 19,000 federal employees and contractors working at 223 offices around

990-425: Is not necessary to accomplish this change of status. Thus, for instance, if trying to transition from F status to H-1B status, only Form I-129 need be filed, and not Form I-539. Similarly, Form I-129 needs to be filed when transitioning from one temporary nonimmigrant worker status to another. Since temporary nonimmigrant worker statuses are tied to specific jobs, a new Form I-129 needs to be filed even when changing to

1056-452: Is one of the forms issued by the United States Citizenship and Immigration Services . It is used by people currently in the United States in a non-immigrant status to change the classification for their status and/or extend their stay with their current status. Both the current status and the status to which the transition is being sought must be non-immigrant visa statuses. The corresponding form used for Adjustment of Status to that of

1122-834: The Consumer Price Index . The 2000 legislative amendment did not explicitly define “Premium Processing”; therefore, the INS used its authority under Section 103(a) of the Act to establish the details of this new service, such as the processing timeframe (15 calendar days) and the Standard Operating Procedures. INS published an interim rule in the Federal Register, Volume 66, No. 106, on June 1, 2001, establishing Premium Processing for employment–based petitions and applications. Premium Processing Service

1188-663: The Emergency Stopgap USCIS Stabilization Act of October 2020 directed USCIS to offer the Premium Processing Service for Form I-539 and Form I-765 in addition to Forms I-129 and I-140, the American Immigration Council published a letter on March 9, 2021, with many signatories, urging USCIS to expand the use of Premium Processing Service per the legislation. United States Citizenship and Immigration Services U.S. Citizenship and Immigration Services ( USCIS )

1254-461: The H-1B visa . This has been done in anticipation of a huge load of applications and the need to prioritize data collection about all applications. In other words, applicants who requested the Premium Processing Service should expect a response within 15 days of the delayed start date rather than within 15 days of the USCIS receiving the application. Note that fiscal years 2018 and 2019 are excluded from

1320-527: The Internal Revenue Service ) may still make discretionary expedite requests instead of using the Premium Processing Service. Also, for categories for which Premium Processing has been temporarily suspended, discretionary expedite requests may be made and would be subject to the usual Expedite Criteria. The general idea of the Premium Processing Service started taking shape in 1999 when Congress and private industry started putting pressure on

1386-555: The Caribbean islands and return in less than 30 days. Instead of the "visa", what gets revalidated is the change of status, and therefore in lieu of the visa the applicant must carry the Form I-797 Approval Notice in addition to all the other supporting documentation. In particular, it does not matter if the applicant has never acquired a visa for the new status, nor does it matter if the previous status for which

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1452-503: The Commonwealth of Northern Mariana Islands (CNMI). Applying for the Premium Processing Service does not provide any preferential treatment in the lottery for cap-subject visas such as the H-1B visa , H-2B visa , or H-3 visa . USCIS' previous system of allowing discretionary expedite requests is no longer available for any task for which the Premium Processing Service is available, with one exception: non-profits (as designated by

1518-618: The Designated School Official at the institution, who acts as the intermediary between the student and the government bureaucracy. All reporting requirements imposed on students are to the DSO rather than directly to USCIS or DHS. In addition, those applying for Optional Practical Training need to first get a new Form I-20 indicating their institution's approval for the OPT, and then get an Employment Authorization Document from

1584-545: The Employment Authorization for Certain H-4 Spouses final rule, USCIS suspended Premium Processing Service for H-1B extension of stay petitions in cap-subject categories for the period from May 26 to July 27, 2015. Those who had already applied for the Premium Processing Service before May 26 would still receive it. In other cases, USCIS has suspended Premium Processing of petitions in categories where

1650-461: The Form I-539 is approved, the person is not officially in student status and cannot start classes. This also applies for people transitioning from F-2 status to F-1 status. The process generally takes 3–6 months, which can be considerably longer than traveling outside the United States and getting a new visa. For those who entered the United States using a B visa , having an annotation on

1716-459: The Form I-94, the applicant is no longer in authorized status. However, removal proceedings are unlikely to be initiated against the applicant and, if they are, then the pending Form I-539 can be used as a mitigating factor against the removal. Moreover, despite not being in a lawful status, the applicant does not accrue "unlawful presence" for purposes of inadmissibility to the United States. Once

1782-653: The H-2B and R categories, and to $ 1,500 for those two categories. It also directed the USCIS to provide Premium Processing Service for all petitions and applications using Form I-129, Form I-140, Form I-539, and Form I-765. Here is the history of fee changes: Due to the COVID-19 pandemic in the United States , the USCIS announced on March 20, 2020 that Premium Processing Service would be suspended for all petitions (for both Form I-129 and I-140) effective immediately, and any requests not already accepted would be returned, along with

1848-562: The INS to process applications faster. Congress mandated that INS process L-1 petitions within 30 days. On December 21, 2000, President Bill Clinton signed an amendment to the Immigration and Nationality Act that added the subsection: The Attorney General is authorized to establish and collect a premium fee for employment-based petitions and applications. This fee shall be used to provide certain premium-processing services to business customers, and to make infrastructure improvements in

1914-429: The Premium Processing Service. He argued that the very fact that people were willing to pay the fee for 15-day processing times highlighted severe inefficiencies and unfunded mandates on the INS, which should not take much longer to process applications in any case. He suggested that rather than allowing the INS to treat these fees as cash cows, the United States legislature should identify clearer, more limited mandates for

1980-582: The Premium Processing timeframe. This was due to the new biometrics requirements for Form I-539 that made it difficult for USCIS to guarantee turnaround within the 15 calendar days that Premium Processing requires. The Emergency Stopgap USCIS Stabilization Act, passed on October 1, 2020 as part of the Continuing Appropriations Act, 2021 and Other Extensions Act allowed for a fee increase to $ 2,500 for all categories except

2046-513: The U.S. International offices are in Ankara , Beijing , Guangzhou , Havana , San Salvador , Guatemala City , Tegucigalpa , New Delhi , Nairobi , and Mexico City . USCIS's mission statement was changed on February 9, 2022. USCIS Director Jaddou announced the new mission statement. In 2021, USCIS leadership empowered employees to submit words that they felt best illustrated the agency's work. The new mission statement reflects this feedback from

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2112-608: The USCIS Contact Center with information in English and Spanish, Application Support Centers (ASCs), the Internet , and other channels. Enforcement of immigration laws remains under Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE). USCIS focuses on two key points on the immigrant's path to civic integration: when they first become permanent residents and when they are ready to begin

2178-487: The USCIS by filing Form I-765. M students who entered for a fixed duration or course of study, as well as F students who did not get "D/S" as their expiration date (this includes all those who are studying at the K-12 level) do need to file Form I-539 to extend status or transfer to another institution. Any change of status to a status as a temporary nonimmigrant worker must be accomplished by filing Form I-129 . Form I-539

2244-399: The USCIS resumed processing H-2B petitions, but kept Premium Processing suspended. On April 17, 2015, USCIS announced that it was resuming Premium Processing for H-2B petitions starting April 20, 2015. Since applying for Premium Processing does not provide any preferential treatment to applicants, commentators have claimed that the main reason companies are willing to pay these fees is because

2310-432: The adjudications and customer service process. For approval of the benefit applied for, the petitioner/applicant must meet the legal criteria for such benefit. This fee shall be set at $ 1,000, shall be paid in addition to any normal petition/application fee that may be applicable, and shall be deposited as offsetting collections in the Immigration Examinations Fee Account . The Attorney General may adjust this fee according to

2376-507: The administration of newly elected President Donald Trump to change the regulations and procedures surrounding immigration, as well as legislation under discussion that would alter the working of the H-1B program. On September 18, 2017, USCIS lifted the suspension of Premium Processing. Starting March 2013, USCIS has generally announced a delayed start date from which to start the 15-day counter for premium processing for cap-subject petitions for

2442-402: The agency along with a plan to fund them. On his personal blog The Asylumist , lawyer Jason Dzubow has mooted the idea of extending premium processing to asylum applications, so that the influx of funds could help the USCIS spend more resources to clear a huge backlog of cases. There have also been repeated requests to the USCIS to enable premium processing for Form I-526 applications that are

2508-465: The applicant is in a position to extend stay or transition to the new status (from the start date indicated on the Form I-539). Until receiving the approval, the applicant cannot engage in any activities that require being in the new status. As a general rule, Form I-539 does not extend the validity of existing visas. To the contrary, a change of status accomplished through Form I-539 can invalidate

2574-476: The applicant, petitioner, or authorized representative can contact the USCIS Contact Center. If the Contact Center cannot assist the inquirer directly, the issue will be forwarded to the relevant USCIS center or office for review. Some applicants and petitioners, primarily those who are outside of the United States, may also schedule appointments on USCIS's website Unlike most other federal agencies, USCIS

2640-409: The application is approved, the approval retroactively makes lawful the time spent by the applicant in the United States after the expiration of the original Form I-94. If the application is denied, the applicant must immediately depart the United States (if it is denied before the expiration date, the applicant has until the expiration date of the Form I-94 to depart). Once the Form I-539 is approved,

2706-422: The approved Form I-539 (whether an actual date or D/S) overrides whatever was there in the Form I-94. It is important to make sure that the Form I-539 application is sent in (and ideally, that it is approved) prior to the expiration date of the Form I-94. The USCIS recommends filing the Form I-539 at least 45 days prior to the expiration date on the Form I-94. Late submissions are likely to result in denial. In

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2772-414: The case that the applicant does not have a Form I-94 (either a paper form or an electronic form that he or she can print out), the applicant must contact his or her nearest Deferred Inspection Site managed by the U.S. Customs and Border Protection , in order to obtain proof of lawful entry to the United States. The USCIS says that if it has not reached a decision on the Form I-539 by the expiration date of

2838-605: The duties of the former INS, namely processing and adjudicating various immigration matters, including applications for work visas, asylum, and citizenship. Additionally, the agency is officially tasked with safeguarding national security, maintaining immigration case backlogs, and improving efficiency. Ur Jaddou has been the director of USCIS since August 3, 2021. USCIS processes immigrant visa petitions, naturalization applications, asylum applications, applications for adjustment of status (green cards), and refugee applications. It also makes adjudicative decisions performed at

2904-441: The existing visa. Form I-539 may be used to extend one's stay on the same status as one currently has. This extension of stay does not change the terms of one's entry visa. In particular, it does not change whether the visa was a single-entry visa or a multiple-entry visa, nor does it change the period of validity (i.e., the expiration date) of the visa. When Form I-539 is used to change status, it invalidates any visa obtained that

2970-553: The faster turnarounds allow them and their prospective employees to plan next steps more effectively. This is particularly important in cases of requests for evidence or notices of intent to deny, because of the further iterations needed in order to get approved. In June 2001, shortly after the introduction of the Premium Processing Service by the Immigration and Naturalization Service (the predecessor to USCIS), Gary Endelman wrote an article in Immigration Daily critical of

3036-534: The following categories, it is not possible to change status while in the United States, or extend stay beyond that specified in Form I-94 : The most numerically significant of these ineligible categories is entrants under the Visa Waiver Program . They cannot use Form I-539 except in exceptional circumstances. Thus, even people from VWP-eligible countries who believe they might need to extend their stay or change their status should get B visas . For

3102-476: The following categories, there are restrictions concerning one's ability to request a change in one's nonimmigrant status: For students on F visa (in post-secondary institutions) and their dependents, if the Form I-94 (or any update to it from a previously filed Form I-539) specifies "Duration of Status" (abbreviated "D/S") as the expiration date, then one simply needs to extend the underlying authorization. Explicitly, an updated Form I-20 needs to be issued to

3168-529: The formal naturalization process. A lawful permanent resident is eligible to become a U.S. citizen after holding the Permanent Resident Card for at least five continuous years, with no trips out of the country of 180 days or more. If the lawful permanent resident marries a U.S. citizen, eligibility for U.S. citizenship is shortened to three years so long as the resident has been living with their spouse continuously for at least three years and

3234-411: The guarantee is for 30 days. However, for I-140 petitioners applying for a National Interest Waiver , the guarantee is for 45 day processing. If the fee is refunded, the relating case will continue to receive expedited processing. The time begins from the receipt of Form I-907 and the associated fee. Form I-907 may be filed along with Form I-129, I-140 or I-765, or electronically as a standalone form for

3300-455: The payment being returned. Already submitted requests for Premium Processing would be refunded if the USCIS failed to take action on the case within the promised 15-day period. This follows a previous announcement of temporary suspension of Premium Processing for cap-subject H-1B petitions for Fiscal Year 2021, with the earliest possible date of resumption of Premium Processing for that category being June 29, 2020. On May 29, 2020, USCIS announced

3366-413: The relevant USCIS center or office to process. Case inquiries may involve asking about a case that is outside of normal expected USCIS processing times for the form. Inquiries and service requests may also concern not receiving a notice, card, or document by mail, correcting typographical errors, and requesting disability accommodations. If the self-service tools on USCIS's website cannot resolve an issue,

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3432-608: The rules have been in flux. Most recently, the USCIS suspended processing of all H-2B petitions starting March 5, 2015, following a ruling by the United States District Court for the Northern District of Florida in Perez v. Perez . On March 18, the district court granted a motion by the United States Department of Labor to resume issuance of temporary labor certifications for the H-2B program, so

3498-472: The service centers, and manages all other immigration benefits functions (i.e., not immigration enforcement) performed by the former INS. The USCIS's other responsibilities include: While core immigration benefits functions remain the same as under the INS, a new goal is to process immigrants' applications more efficiently. Improvement efforts have included attempts to reduce the applicant backlog and providing customer service through different channels, including

3564-462: The spouse has been a resident for at least three years. USCIS handles all forms and processing materials related to immigration and naturalization. This is evident from USCIS's predecessor, the INS ( Immigration and Naturalization Service ), which is defunct as of March 1, 2003. USCIS handles two kinds of forms: those related to immigration, and those related to naturalization. Forms are designated by

3630-420: The student by the international office at his or her institution, with a new expiration date. No Form I-539 need be filed. Note that this works only if the new Form I-20 is issued prior to the expiration date of the old Form I-20. Even if transferring to a different educational institution, there is no need to file Form I-539. In general, the responsibility of keeping the student's information up-to-date lies with

3696-404: The suspension could last up to six months. April 3, 2017 is the earliest date that H-1B petitions for Fiscal Year 2018 can be submitted, so none of these petitions would be eligible for Premium Processing. These petitions would be eligible for discretionary expedite requests, subject to the usual restrictions placed for such requests. Commentators discussed the suspension in the context of efforts by

3762-451: The table; see the sections above explaining the suspension of premium processing for these fiscal years. In addition to the annual suspension of the Premium Processing Service for cap-subject petitions as described above, USCIS has also temporarily suspended Premium Processing Service for other types of applications in order to preserve resources for other kinds of increased caseloads. For instance, in anticipation of increased caseloads due to

3828-484: The visa saying that the entrant is a "Prospective Student" is generally a prerequisite for the Form I-539 application to be accepted. In general, the USCIS does not approve transition to student status with a start date more than 30 days prior to the program start date. Therefore, applications where the applicant's current status expires more than 30 days before the start date of their program are likely to be rejected. Form I-539 can always be submitted by paper. The form

3894-572: The workforce, the Biden administration's priorities, and Jaddou's vision for an inclusive and accessible agency. The mission statement now reads: USCIS upholds America's promise as a nation of welcome and possibility with fairness, integrity, and respect for all we serve. [REDACTED]  This article incorporates public domain material from websites or documents of the United States Department of Homeland Security . Form I-539 Form I-539, Application to Extend/Change Nonimmigrant Status

3960-683: The world. A field USCIS office provides interviews for all non-asylum cases; naturalization ceremonies; appointments for information; and applicant services. USCIS Asylum offices schedule interviews only for asylum and suspension of deportation and special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act (NACARA). Asylum offices do not provide information services. Applications are not filed at asylum offices. International offices provide services to U.S. citizens, permanent U.S. residents, and certain other people who are visiting or residing outside

4026-609: Was ruled unlawful . He remained Principal Deputy Director at USCIS for the remainder of his tenure. The United States immigration courts , immigration judges, and the Board of Immigration Appeals , which hears appeals from them, are part of the Executive Office for Immigration Review (EOIR) within the United States Department of Justice . (USCIS is part of the Department of Homeland Security.) USCIS's official website

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4092-471: Was activated for the majority of Form I-129 categories on June 1, and for the rest on July 30. On May 23, 2006, USCIS announced that it would roll out the Premium Processing Service for some Form I-140 visa categories (these still support Premium Processing) as well as to some Form I-539 categories (these no longer support Premium Processing) and Form I-765 (this no longer supports Premium Processing). The rollout continued through 2006. Premium Processing

4158-447: Was associated with the applicant's previous status. Thus, whenever the applicant next travels outside the United States, the applicant is required to obtain a new visa to re-enter the United States. If the applicant's new status is a category eligible for automatic visa revalidation , then, after successfully transitioning to the new status, he or she may use automatic visa revalidation to travel to Mexico, Canada, or (for some statuses)

4224-481: Was extending this suspension of the Premium Processing Service to February 19, 2019, and also expanding the scope to all H-1B petitions filed at the Vermont and California Service Centers, with some noted exceptions. Petitioners could still make discretionary expedite requests. On Friday, March 3, 2017, USCIS announced that starting Monday, April 3, 2017, Premium Processing would be suspended for all H-1B petitions, and

4290-557: Was redesigned in 2009 and unveiled on September 22, 2009. The last major redesign before 2009 was in October 2006. The website now includes a virtual assistant, Emma, who answers questions in English and Spanish. USCIS's website contains self-service tools, including a case status checker and address change request form. Applicants, petitioners, and their authorized representatives can also submit case inquiries and service requests on USCIS's website. The inquiries and requests are routed to

4356-401: Was suspended for Form I-140 on July 2, 2007, and reinstated on June 29, 2009. In July 2019, USCIS announced that Form I-539 filed along with a principal Form I-129 for a dependent of the Form I-129 beneficiary would no longer be processed in lockstep with the principal Form I-129. In particular, even if the principal Form I-129 had Premium Processing, the Form I-539 may not be processed within

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