U.S. Citizenship and Immigration Services (USCIS) has announced that it revised Form I-539, Application to Extend/Change Nonimmigrant Status, and added a new Form I-539A. Both will come into effect on March 8, 2019. Old forms will still be accepted through March 21, 2019.

USCIS has expanded the scope of information to be gathered and will change the filing and adjudication requirements. The revised Form I-539 includes the following significant changes:

• Every co-applicant included on the primary applicant’s Form I-539 must submit and sign a separate Form I-539A. Parents or guardians may sign on behalf of children under 14 or any co-applicant who is not mentally competent to sign.
• Every applicant and co-applicant must pay an $85 biometric services fee, except certain A, G, and NATO nonimmigrants as noted in the new Form I-539 instructions.
• Every applicant and co-applicant will receive a biometric services appointment notice, regardless of age, containing their individual receipt number. The biometric services appointments will be scheduled at the Application Support Center (ASC) closest to the primary applicant’s address. Co-applicants who wish to be scheduled at a different ASC location should file a separate Form I-539.

USCIS said it will reject any Form I-539 that is missing any of the required signatures or biometrics fees, including those required for Form I-539A.

The biometric requirement is bound to slow down the process especially when the dependents are accompanying the principal through a premium processing request which only applies to the principal filing the Form I-129, and processing the I-539 and I-765 is only a courtesy. The new biometric requirement will most likely deprive the dependent of any premium processing and poses yet another obstacle to foreign nationals who are legally in the US and wish to play by the rules and will lead to further delays with respect to spouses who are seeking to obtain or renew work authorization as E-2, H-4 or L-2 dependents. It also seems unduly burdensome to subject dependents, even infants to biometrics, but not the principal beneficiary.