Table of Changes
I-539 (Stand alone), Application to Extend/Change Nonimmigrant Status
OMB Number 1615-0003
November 2, 2010
Current Form |
Proposed Changes |
P. 2: 3. Dependents of a CW-1 Transitional Worker
If you are filing for an extension/change of status as the dependent of an employee who is a CW-1 transitional worker, this application must be submitted with:
4. B-1, Visitor for Business, or B-2, Visitor for Pleasure…
5. Dependents of an E, Treaty Trader or Investor, or Australian Specialty Occupation Worker
If you are filing for an extension/change of status as the dependent of an E worker, this application must be submitted with:
6. F-1, Academic Student… |
P. 2: 3. Dependents of a CW-1 Transitional Worker
If you are filing for an extension/change of status as the dependent of an employee who is a CW-1 transitional worker, this application must be submitted with:
NOTE: An employer should file Form I-129CW to request/extend/change to CW-1 status for an employee or prospective employee. Dependents of such employees must file for request/extension/change of status on this form, not on the Form I-129CW.
4. B-1, Visitor for Business, or B-2, Visitor for Pleasure…
5. Dependents of an E Treaty Trader or Investor, Australian Specialty Occupation Worker, or E-2 CNMI Investor
If you are filing for an extension/change of status as the dependent of an E worker, this application must be submitted with:
6. F-1, Academic Student…
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P. 3
8. Dependents of an H, Temporary Worker If you are filing for an extension/change of status as the dependent of an employee who is an H temporary worker, this application must be submitted with:
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8. Dependents of an H, Temporary Worker If you are filing for an extension/change of status as the dependent of an employee who is an H temporary worker, this application must be submitted with:
A.. Form I-129 filed for that employee or a copy of the filing receipt noting that the petition is pending with USCIS; or
B. A copy of the employee’s Form I-94 or approval notice showing that he or she has already been granted status to the period requested on your application;….
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P. 4
Dependents of an L, Intracompany Transferee
If you are filing for an extension/change of status as the dependent of an employee who is an L intracompany transferee, this application must be submitted with:
12. Dependents of a P, Artists, Athletes, and Entertainers
If you are filing for an extension/change of status as the dependent of an employee who is classified as a P nonimmigrant, this application must be submitted with:
A. Form I-129 filed for that employee or a copy of the filing receipt noting that the petition is pending with USCIS;
B. A copy of the employee’s Form I-94 or approval notice showing that he or she has already been granted status to the period requested on your application; and…
13. Dependents of an R, Religious Worker
If you are filing for an extension/change of status as the dependent of an employee who is classified as an R nonimmigrant, this application must be submitted with:
A. Form I-129 filed for that employee or a copy of the filing receipt noting that the petition is pending with USCIS;
B. A copy of the employee’s form I-94 or approval notice showing that he or she has already been granted status to the period requested on your application; and….
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Dependents of an L, Intracompany Transferee
If you are filing for an extension/change of status as the dependent of an employee who is an L intracompany transferee, this application must be submitted with:
B. A copy of the employee’s Form I-94 or approval notice showing that he or she has already been granted status to the period requested on your application; and……
12. Dependents of a P, Artists, Athletes, and Entertainers
If you are filing for an extension/change of status as the dependent of an employee who is classified as a P nonimmigrant, this application must be submitted with:
A. Form I-129 filed for that employee or a copy of the filing receipt noting that the petition is pending with USCIS; or
B. A copy of the employee’s Form I-94 or approval notice showing that he or she has already been granted status to the period requested on your application; and…
13. Dependents of an R, Religious Worker
If you are filing for an extension/change of status as the dependent of an employee who is classified as an R nonimmigrant, this application must be submitted with:
A. Form I-129 filed for that employee or a copy of the filing receipt noting that the petition is pending with USCIS; or
B. A copy of the employee’s form I-94 or approval notice showing that he or she has already been granted status to the period requested on your application; and….
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P. 5 Under 14. TD Dependents of TN Nonimmigrants…
If you are filing for an extension/change of status as the dependent of an employee who is classified as a TN nonimmigrant, this application must be submitted with:
15. V, Spouse or Child of a Lawful Permanent Resident…..
D.You must be the unmarried child (under 21 years of age) of a person who meets the three requirements listed above.
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Under 14. TD Dependents of TN Nonimmigrants…
If you are filing for an extension/change of status as the dependent of an employee who is classified as a TN nonimmigrant, this application must be submitted with:
B. A copy of the employee’s Form I-94 or approval notice showing that he or she has already been granted status to the period requested on your application;….
15. V, Spouse or Child of a Lawful Permanent Resident…..
D.You must be the unmarried child (under 21 years of age) of a person who meets the three requirements listed above. If you are 21 years of age or older, to qualify for an extension of V status you (1) previously must have been granted V status, (2) be the unmarried son or daughter of a person who meets the requirements listed above and (3) be the beneficiary of an I-130 filed on your behalf.
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P. 6, Where to File?
1. With some exceptions, Form I-539 is generally filed with the California Service Center or the Vermont Service Center.
California Service Center filings cover the following states: Alaska, Arizona, California, Colorado, the Commonwealth of the Northern Mariana Islands, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, or Wyoming
The mailing address is:
USCIS California Service Center P.O. Box 10539 Laguna Niguel, CA 92607-1053
Vermont Service Center filings cover the following states: Alabama, Arkansas Connecticut, Delaware, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, West Virginia, and the District of Columbia.
The address for Vermont Service Center filings is:
USCIS Vermont Service Center ATTN: I-539 75 Lower Welden Street St. Albans, VT 05479
2. Applicants for change of status to CW-2, E-1, E-2, E-3, H-4, L-2, O-3, or P-4 as the dependent spouse or child or for an CW-2, E-1, E-2, E-3, H-4, L-2, O-3, P-4 or TD extension, as the dependent spouse or child.
A. Filing Form I-539 at the same time as the principal: If your Form I-539 for change of status or extension of stay is filed at the same time as the principal’s Form I-129, Petition for Nonimmigrant Worker or Form I-129CW, Petition for Nonimmigrant Worker in the CNMI (which includes a request for change of status or extension of stay), send the entire Form I-129/I-539 or Form I-129CW/I-539 package to the Vermont Service Center or the California Service Center, depending on the State where the principal is or will be employed temporarily.
P. 7 B. Filing Form I-539 separately from the principal and the principal’s case is pending: If the principal’s Form I-129 or Form I-129CW, Petition for a Nonimmigrant Worker in the CNMI (which includes a request for change of status or extension of stay) is pending, file Form I-539 with the same Service Center where the principal’s Form I-129 or Form I-129CW is pending. Include a copy of Form I-129 or Form I-129CW filing receipt (or transfer notice) to show the pending Form I-129 or Form I-129CW location.
C. Filing Form I-539 separately from the principal and the principal’s case is approved: If the principal’s Form I-129 or Form I-129CW, Petition for a Nonimmigrant Worker in CNMI (which includes a request for change or extension of stay) has already been approved, file Form I-539 with the same Service Center that approved the principal’s Form I-129 or Form I-129CW. Include a copy of the Form I-129 or Form I-129CW approval notice to show the approved Form I-129 or I-129CW location.
D. F-1 and M-1 students applying for F-1 and M-1 reinstatement: File Form I-539 with the California Service Center or the Vermont Service Center, depending on the State in which the educational institution you attend or plan to attend is located.
E.All other applicants for change of status or extension of stay (not listed above or in the exceptions): File Form I-539 with the California Service Center or the Vermont Service Center, depending on the State where you live.
3. Exceptions
File Form I-539 with the California Service Center, regardless of where the principal is/will be employed.
File Form I-539 with the California Service Center, regardless of where the principal is/will be employed.
File Form I-539 with the Vermont Service Center, regardless of where the principal is/will be employed.
Athletes or Support Personnel:
File with the Vermont Service Center. This covers major league athletes, minor league sports, and any affiliates associated with the major leagues in baseball, hockey, soccer, basketball, and football. Support personnel include: coaches, trainers, broadcasters, referees, linesmen, umpires, and interpreters.
Follow the filing instructions on Form I-539, Supplement A, Filing Instructions for V Nonimmigrants.
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Where to File?
Updated Filing Address Information
Edition date on form
The filing addresses provided on this form reflect the most current information as of the date this form was last revised.
If you are filing Form I-539 more than 30 days after the latest edition date shown in the lower right corner of this form, please visit us online at www.uscis.gov before you file, and check the “FORMS” page to confirm the correct filing address and version currently in use. Check the edition date located in the lower right corner of the form. If the edition date on your Form I-539 matches the edition date listed for Form I-539 on the USCIS “FORMS” page, your version is current. If the Web site edition date is later, download a copy and use it.
If you do not have Internet access, call the USCIS National Customer Service Center at 1-800-375-5283 to verify the current filing address and edition date.
Improperly filed forms will be rejected and the fee returned with instructions to resubmit the entire filing using the current form instructions.
Please read the filing instructions carefully and thoroughly, as they have recently changed.
E-Filing Form I-539
If you are e-filing this application, it will automatically be routed to the appropriate Service Center, and you will receive a receipt indicating the location to which it was routed. This location may not necessarily be the same Service Center shown in the filing addresses listed for paper applications. For e-filed applications, it is very important to review your filing receipt and make specific note of the receiving location.
All further communication, including submission of supporting documents, should be directed to the receiving location indicated on your e-filing receipt.
1. Filing Form I-539 with a Form I-129:
All Form I-539s filed with a principal’s Form I-129, Petition for Nonimmigrant Worker, (which includes a request for change of status or extension of stay), MUST be sent to either the USCIS California Service Center or the USCIS Vermont Service Center. See Form I-129 Filing Instructions. This includes dependents filing with the principal.
Note: Dependents filing Form I-539 for a change of status or extension of stay separately from the principal’s application, and whose principal’s case is pending or approved, should file at the USCIS Dallas Lockbox. See number 7 below for additional guidance.
The USCIS California Service Center takes in filings from the following states and territories:
Alaska, Arizona, California, Colorado, the Commonwealth of the Northern Mariana Islands, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, or Wyoming
The mailing address is:
USCIS California Service Center P.O. Box 10539 Laguna Niguel, CA 92607-1053
The USCIS Vermont Service Center takes in filings from the following states and territories:
Alabama, Arkansas Connecticut, Delaware, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, West Virginia, and the District of Columbia.
The mailing address is:
USCIS Vermont Service Center ATTN: I-539 75 Lower Welden Street St. Albans, VT 05479
2. Applicants filing under the category P-4, Dependents of Major League Sports, Athletes or Support Personnel :
File Form I-539 with the USCIS Vermont Service Center. See address above.
This covers major league athletes, minor league sports, and any affiliates associated with the major leagues in baseball, hockey, soccer, basketball, and football. Support personnel include: coaches, trainers, broadcasters, referees, linesmen, umpires, and interpreters.
3. Applicants filing under the category “V Nonimmigrant:”
Applicants who are filing Form I-539 under the nonimmigrant status of V1, V2, V3, or who are requesting nonimmigrant status of V1, V2, or V3, must file their Form I-539 with the USCIS Chicago Lockbox facility.
Note: Please See Supplement A to Form I-539 for additional instructions.
For U.S. Postal Service
USCIS P.O. Box 7216 Chicago, IL 60680-7216
For Express mail and courier deliveries
USCIS Attn: VKL 131 South Dearborn- 3rd Floor Chicago, IL 60603-5517
4. Applicants filing under the categories “A,” “G,” and “NATO:”
a. For change of status requests to A, G, or NATO classification for employment with an embassy, international organization, or NATO, mail Form I-539 through your embassy, international organization, or NATO to:
U.S. Department of State Office of Protocol, 3507 International Place, N.W., Suite 242 Washington, D.C. 20008.
b. For change of status requests to G classification for employment with a foreign government’s mission to the United Nations or with the United Nations Secretariat, mail Form I-539 through the foreign government’s mission or the UN Secretariat to:
U.S. Mission to the United Nations 799 United Nations Plaza New York, NY 10017.
c. For a dependent spouse or child requesting a change of status to a NATO classification based on the principal’s classification as a NATO nonimmigrant, mail Form I-539 to:
NATO/HQ SACT Legal Affairs 7857 Blandy Road Suite 100 Norfolk, VA 23551.
If you or the principal or the principal NATO nonimmigrant through whom you derive your status are posted at a national component or as an exchange officer, submit Form I-539 to your embassy for proper filing through official diplomatic channels.
d. For a change of status from A, G, or NATO classifications to another nonimmigrant classification, file Form I-539 with the USCIS Dallas Lockbox facility. See address below. You must submit an endorsement by the U.S. Department of State Visa Office, or a USUN official at Part 7 on the Form I-566, Interagency Record of Request-A, G, or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G, or NATO Status, with Form I-539.
e. For extensions of stay for A-3, G-5, or NATO-7 nonimmigrants, submit your application through your embassy, international organization, or NATO command for proper filing through official diplomatic channels.
5. Applicants filing as a dependant under the category “E-2 CNMI Investor nonimmigrant:”
Applicants who are filing Form I-539 under the nonimmigrant status of E-2 CNMI Investor, must file their Form I-539 with the USCIS California Service Center regardless of whether filing with the principal’s Form I-129.
For U.S. Postal Service:
USCIS California Service Center ATTN: E-2 CNMI P.O. Box 10698 Laguna Niguel, CA 92607-1098
For Express mail and courier deliveries:
USCIS California Service Center ATTN: E-2 CNMI 24000 Avila Road 2d Floor Room 2312 Laguna Niguel, CA 92677
6. Applicants filing under the category “CW-2 nonimmigrant;”
Applicants who are filing Form I-539 under the nonimmigrant status of CW-2 must file their Form I-539 with the USCIS California Service Center regardless of whether filing with the principal’s Form I-129CW.
For U.S. Postal Service:
USCIS California Service Center ATTN: CW-2 P.O. Box 10698 Laguna Niguel, CA 92607-1098
For Express mail and courier deliveries:
USCIS California Service Center ATTN: CW 24000 Avila Road 2d Floor, Room 2312 Laguna Niguel, CA 92677
7. All other Form I-539 filings should be sent to the USCIS Dallas Lockbox facility. See address below.
For U.S. Postal Service
USCIS P.O. Box 660166 Dallas, TX 75266
For Express mail and courier deliveries
USCIS Attn: I-539 2501 S. State Highway 121 Business Suite 400 Lewisville, TX 75067
E-Notification If you are filing your Form I-539 at one of the USCIS Lockbox facilities, you may elect to receive an email and/or text message notifying you that your application has been accepted. You must complete Form G-1145, E-Notification of Application/Petition Acceptance, and clip it to the first page of your application. To download a copy of Form G-1145, including the instructions, click on the link www.uscis.gov “FORMS.”
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The filing addresses provided on this form reflect the most current information as of the date this form was last printed.
If you are filing Form I-539 more than 30 days after the latest edition date shown in the lower right-hand corner, visit us online at www.uscis.gov before you file, and check the Immigration Forms page to confirm the correct filing address and version currently in use. Check the edition date located in the lower right-hand corner of the form. If the edition date on your Form I-539 matches the edition date listed for Form I-539 on the online forms page, your version is current and will be accepted by USCIS. If the edition date on the online version is later, download a copy and use the online version. If you do not have Internet access, call Customer Service at 1-800-375-5283 to verify the current filing address and edition date.
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(Moved to beginning of “Where to File” section to be consistent with other forms. See above.)
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If you are e-filing this application, it will automatically be routed to the appropriate Service Center, and you will receive a receipt indicating the location to which it was routed. This location may not necessarily be the same center shown in the filing addresses listed above. For e-filed applications, it is very important to review your filing receipt and make specific note of the receiving location.
All further communication, including submission of supporting documents, should be directed to the receiving location indicated on your e-filing receipt |
(moved to beginning of form) |
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Add a new section after E-notification:
I. Special information for applicants residing in the Commonwealth of the Northern Mariana Islands (CNMI):
If the applicant is lawfully present in the CNMI, the applicant may be eligible to apply for a grant of status with this form without having to seek consular processing. The request for the initial grant of status must be accompanied by an additional biometrics service fee as described in section 8 CFR 103.7(b)(1) and evidence of the applicant’s lawful presence. The applicant will be required to submit biometric information before the application for a grant of status is approved. Although this is a request for an initial grant of status rather than a change of nonimmigrant status, the applicant should check box 1.b. in Part 2, and identify the nonimmigrant status he or she is initially requesting.
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P. 8, What is the Filing Fee?
An additional biometric fee of $80 is required when filing this Form I-539 for V nonimmigrant or CW-2 nonimmigrant status. After you submit Form I-539, USCIS will notify you about when and where to go for biometric services.
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What is the Filing Fee?
An additional biometric fee of $85 is required when filing this Form I-539 for V nonimmigrant or for certain applicants in the CNMI applying for a grant of nonimmigrant status. After you submit Form I-539, USCIS will notify you about when and where to go for biometric services.
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Implementing these changes:
These changes will take effect upon approval from OMB, except for the following:
The “Special information for applicants residing in the CNMI” section will not take effect until the effective date of one of the following three rules: (1) “E-2 Nonimmigrant Status for Aliens in the Commonwealth of the Northern Mariana Islands with Long-Term Investor Status,” RIN 1615-AB75; (2) “Application of Immigration Regulations to the Commonwealth of the Northern Mariana Islands Transitional Workers,” RIN 1615-AB76; or (3) Final Conforming Rule “Application of Immigration Regulations to the Commonwealth of the Northern Mariana Islands,” RIN 1615-AB77. See highlighted text above.
All references to the CNMI, classifications CW-1 and CW-2, Form I-129CW will not take effect until the Final Rule, “Application of Immigration Regulations to the Commonwealth of the Northern Mariana Islands Transitional Workers,” RIN 1615-AB76, becomes effective. See text above.
All references to the E-2 CNMI Investor will not take effect until the Final Rule “E-2 Nonimmigrant Status for Aliens in the Commonwealth of the Northern Mariana Islands with Long-Term Investor Status,” RIN 1615-AB75, becomes effective. See highlighted text under number 5 above.
| File Type | application/msword |
| File Title | Table of Changes |
| Last Modified By | Stephen Tarragon |
| File Modified | 2010-11-10 |
| File Created | 2010-11-10 |