Approved for a 6 month emergency approval contingent on DHS publishing the full 60- and 30-day FRNs within 120 days of approval.
Inventory as of this Action
Requested
Previously Approved
11/30/2021
6 Months From Approved
09/30/2021
490,098
0
676,837
675,145
0
893,630
42,700,928
0
42,700,928
This form is used by a nonimmigrant to apply for an extension of stay or change of nonimmigrant status. Additionally, the data will be used by USCIS to determine eligibility for the requested immigration benefit.
The total estimated annual cost burden for this collection of information has increased as a result of a reevaluation of the estimated cost burden to respondents.
USCIS is experiencing an unprecedented processing backlog for Form I-539, especially in the H-4 ,L-2 , and certain E nonimmigrants. Generally, Form I-539 applicants are required to submit biometrics and are scheduled for biometrics appointments at USCIS Application Support Centers. (ASCs). Effective March 18, 2020, USCIS suspended in-person services at its field offices, asylum offices, and ASCs to help slow the spread of COVID-19. Due to these ASC closures, USCIS accrued a backlog of over one million needed biometric collections by end of July, 2020. Although ASCs have since reopened, they are not yet operating at full appointment capacity due to necessary COVID-19 health and safety protocols. As a result, closures and capacity limitations have led to a continued backlog of cases and delays in intake processing at the USCIS lockbox facilities and biometrics appointments at ASCs.
The delays in I-539 adjudication, in turn, delay the adjudication of Form I-765, Application for Employment Authorization, filed by H-4,L-2 and E nonimmigrants. Form I-765 cannot be approved until after the underlying H-4,L-2 or E nonimmigrant status is granted or extended upon approval of the Form I-539. The delays have also resulted in numerous stakeholder complaints and lawsuits against USCIS, many involving claims of severe financial hardship caused by expiration of prior employment authorization as applications remain pending. USCIS, therefore, urgently needs to address the unprecedented processing delays for H-4, L-2 and E nonimmigrants filing I-539 and I-765 applications and has decided to temporarily suspend biometrics submission for two years (May 17, 2021 through May 17, 2023) for applicants seeking an extension of stay in or change of status to H-4, L-2 or E nonimmigrant status so that USCIS can (a) mitigate the enormous burden on government of the litigation related to this issue and (2) address the processing delays resulting from limited ASC capacity due to COVID-19 health and safety protocols.
Therefore, USCIS must revise the Form I-539 to temporarily remove the biometrics submission and biometrics services fee requirements to address the negative impacts of the delays caused by the COVID-19 pandemic and based on the fact that we cannot reasonably comply with the normal clearance procedures under this part without public harm continuing to result. USCIS will still vet applicants using their name, address, and other information provided, and has the authority to require biometrics or an interview on a case-by-case basis in our discretion.
US Code:
8 USC 1258
Name of Law: United States Code
USCIS is reporting a 218,485 decrease in the time burden for the I-539 biometrics submissions. This decrease is due to the temporary suspension of the biometrics submissions requirement for certain applicants filing Form I-539 to request an extension of stay in or change of status to H-4, L-2, and E nonimmigrant status.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Form I-539 (e-file) Application to Extend/Change Nonimmigrant Status (efile)
I-539 Emergency Revision Supporting Statement.docx
I-539 Emergency Memo Final 5.10.21 (004)-signed.pdf
Application to Extend/Change Nonimmigrant Status (efile)