VISA2US Blog

Nonimmigrants wishing to extend their visa’s validity period use Form I-539, Application to Extend/Change Nonimmigrant Status. This form is one of the most commonly filed, as it is used by students, visitors, and temporary workers. Generally, requesting an extension is simple, provided no significant changes have occurred. However, in the past, a biometrics requirement added extra time and expense to the application. Recently, USCIS announced changes to this requirement. How will that affect your I-539? We’ll explain here.

Premium processing is an optional part of filing certain forms as part of your immigrant or nonimmigrant petition. Although it’s not essential, this feature is often beneficial for those who need their forms adjudicated quickly. Through the expedited processing of your case, you may be able to push your application ahead of others. However, the categories that allow premium processing are limited and frequently changing. USCIS’s latest adjustment to this feature was announced in June 2023, and we have the information that you need to know here.

Ongoing modernization attempts are an essential part of keeping the borders safe worldwide, and USCIS regularly makes changes in support of this goal. One of the more recent adaptations is the policy of required biometrics submissions. Applicants requesting entry to the US through most avenues must complete a biometric screening as part of their approval process. But certain applicants fall under a temporary suspension of this requirement. If you’re a nonimmigrant filing Form I-539, you may not need to complete the screening before your petition is approved. We have the details here.

The H-1B and certain other categories of visas are designed to bring skilled workers into the United States to fill specialty job positions. However, these workers must meet strict requirements, such as a bachelor’s degree or higher from an accredited university. Those applying for an advanced degree exemption typically have a bachelor’s and a master’s or beyond that must qualify as accredited. Hopeful H-1B petitioners need to verify that their institutions are from an accrediting agency, but recent changes in the US Department of Education have dropped an important one. The Accrediting Council for Independent Colleges and Schools (ACICS) is no longer recognized, meaning substantial impacts for H-1B and certain F-1 student visa holders.

The H-1B visa is in high demand, but the process of obtaining one is challenging. When H-1B holders can bring their families with them to the United States, it gets even more complex. Now, legislation signed on January 19, 2023, “bundles” the forms together to reduce the complications that are often part of working and living in the US as a family.

The biggest backlog that persist for applicants filing with the USCIS are mainly in the I-485, adjustment of status category.

Premium processing will become part of an expanded effort so that the USCIS can better address those who are seeking key benefits like working authorization in the U.S.

Spouses of E and L non-immigrant visa types are eligible for work permits in the United States as long as they have the appropriate documentation.

Processing times are fairly quick for employer petitions looking to hire H1-B workers in the U.S., however much longer wait times apply for non-immigrants in certain categories who are looking to extend their non-immigrant stay in the U.S., especially for F and M university students.

The USCIS has changed one of their non-immigrant filing procedures to help international students remain in the U.S. while they “bridge the gap” from their existing status to a student one.