U.S. Citizenship and Immigration Services (USCIS) has made a significant announcement affecting Form I-539 applicants. Effective October 1, the $85 biometric services fee will be eliminated as part of the application process for Form I-539, Application to Extend/Change Nonimmigrant Status. This article will provide a detailed breakdown of this update, including its implications for specific visa categories and what applicants need to be aware of.
Overview
From October 1 onwards, applicants for Form I-539 will no longer need to pay the $85 biometric services fee. If your application is postmarked on or after this date, the fee exemption applies to you. However, applicants filing before October 1 may still be scheduled for a biometric services appointment and should adhere to that schedule.
Specifics for Pre-October Applicants
If you file Form I-539 prior to October 1, be aware that some of you will still be scheduled for an Application Support Center (ASC) appointment. It is imperative to attend this scheduled appointment as failure to do so could adversely affect your application.
Refunds and Incorrect Filings
USCIS has made provisions for those who mistakenly pay the biometric services fee:
- Separate Payments: If you submit the biometric services fee separately from the Form I-539 fee, USCIS will return the biometric services fee while still accepting your Form I-539.
- Combined Payments: If the biometric services fee is combined with the Form I-539 fee in a paper-based filing, USCIS will consider it an incorrect filing and reject the Form I-539 altogether.
- Credit Card Payments: If you mistakenly authorize a credit card payment that combines both fees, USCIS will accept your application but only charge the Form I-539 application fee.
Who Does This Affect?
The fee exemption will apply to all Form I-539 applicants filing on or after October 1. This includes applicants seeking an extension of stay in, or a change of status to H-4, L-2, or E nonimmigrant statuses. It should be noted that USCIS had already suspended the biometrics requirement for these categories through September 30, 2023, as mentioned in the USCIS Fiscal Year 2022 Progress Report.
Conclusion
The elimination of the biometric services fee is a welcome change that will benefit a large number of Form I-539 applicants. It simplifies the application process and reduces the financial burden on applicants. However, it is crucial to be aware of the specifics to avoid any issues that could delay or negatively impact your application.
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