Application to Extend/Change Nonimmigrant Status

Forms and Documents

Document Name	Status
Form I-539 (e-file) Application to Extend/Change Nonimmigrant Status (efile) Form	Modified
Form I-539A Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status Form	Unchanged
Form I-539 Application to Extend/Change Nonimmigrant Status Form	Modified
I-539 Emergency Revision Supporting Statement.docx Supporting Statement A	2021-05-11
I-539 Emergency Memo Final 5.10.21 (004)-signed.pdf Supplementary Document	2021-05-11
I539-022-INS-TOC-BiometricsRemoval-05102021.docx Supplementary Document	2021-05-10
SORN DHS.USCIS-018 IBBC.pdf Supplementary Document	2019-03-07
SORN DHS-USCIS-007 BIS.pdf Supplementary Document	2019-03-07
SORN DHS-USCIS-ICE-CBP-001.pdf Supplementary Document	2019-03-07
DHS-USCIS-PIA-071 MyUSCIS Account Experience.pdf Supplementary Document	2019-03-07
DHS USCIS PIA 079 20190513.pdf Supplementary Document	2019-07-29
DHS-USCIS-PIA-016a CLAIMS 3.pdf Supplementary Document	2019-03-07
DHS-USCIS-PIA-003 IDDMP.pdf Supplementary Document	2019-03-07
8 U.S.C. 1258 Section 248 INA.docx Supplementary Document	2018-04-25
8 CFR 214.1(c).docx Supplementary Document	2018-04-25

IC Document Collections

IC ID	Document Title	Status
235513	Application to Extend/Change Nonimmigrant Status (efile) Form	Modified
209953	Biometric Processing	Modified
209951	Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status Form	Unchanged
20224	Application to Extend/Change Nonimmigrant Status Form	Modified

ICR Details

OMB Control No: 1615-0003	ICR Reference No: 202105-1615-001
Status: Active	Previous ICR Reference No: 202012-1615-012
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-539
Title: Application to Extend/Change Nonimmigrant Status
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 05/12/2021
OIRA Conclusion Action: Approved with change	Conclusion Date: 05/11/2021
	Date Received in OIRA: 05/11/2021
Terms of Clearance: 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
Expiration Date	11/30/2021	6 Months From Approved	09/30/2021
Responses	490,098	0	676,837
Time Burden (Hours)	675,145	0	893,630
Cost Burden (Dollars)	42,700,928	0	42,700,928

---

Abstract: 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.

Emergency Justfication: 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.

---

Authorizing Statute(s): US Code: 8 USC 1258 Name of Law: United States Code
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 4

IC Title	Form No.	Form Name
Application to Extend/Change Nonimmigrant Status	I-539	Application To Extend/Change Nonimmigrant Status
Application to Extend/Change Nonimmigrant Status (efile)	I-539 (e-file)	Application to Extend/Change Nonimmigrant Status
Biometric Processing
Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status	I-539A	Supplemental Information for Application to Extend/Change Nonimmigrant Status

---

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	490,098	676,837	0	-186,739	0	0
Annual Time Burden (Hours)	675,145	893,630	0	-218,485	0	0
Annual Cost Burden (Dollars)	42,700,928	42,700,928	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: 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.

---

Annual Cost to Federal Government: $112,243,200

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

---

Common Form ICR:  No

---

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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 05/11/2021

---