Appendix - Response to Public Comments

Public Comment Matrix

Public Comment and Response Matrix – 60-Day Notice

Public Comments	COMMENT ORIGINATOR	USCIS Response
Option to Report Duration of Stay or D/S instead of specific departure date
Found at Part 1, Item 11: Please add a check box for D/S. Most of our F-1 students have I-94’s for Duration of Status and do not have a specific departure date to provide for a date field.	Lynne Vanahill University of Kansas	Thank you for your insightful comment. Check box added to indicate a grant of Duration of Status (Part 1, Item 12.c.)
Found at Part 3, Item 11: Again if the student is applying for F-1 or J-1 status, he or she will be requesting their status be extended for Duration of Status (D/S). You could provide a checkbox for D/S and you could mention it is only an option for in people in D/S eligible status (e.g., F-1 or J-1). The applicant should have an option to put in a date OR check D/S.	Lynne Vanahill University of Kansas	Thank you for your insightful comment. Check box added to indicate a grant of Duration of Status (Part 1, Item 12.c.)
Unclear what information is being requested at Part 4, Items 1.a. and 1.b?
I really don’t know what you are asking for here. When you say “For Principal Applicant,” won’t that ALWAYS be the person listed in Part 1 on the I-539? This info was already requested under Part 1 Items 9.d. and 9.e., so I don’t think you want the same info again. What are you really wanting to gather here? Are you wanting info on a primary if a dependent is applying for a benefit? If an H-4 is applying for COS are you wanting the H-1B’s passport info? Is there a better way to clarify what you are asking and in what circumstances? Maybe clarify, if you have a dependent status (e.g. H-4 or F-2); please provide the Principal’s passport info…	Lynne Vanahill University of Kansas	Thank you for your insightful comment. The passport number under part 1 (question 11b) is the principal applicant’s passport number at the time that they were granted the I-94. The passport number in part 4 is for their current passport. There will be cases where the two numbers will not be the same (e.g., if the applicant received a new passport during their current stay). USCIS has made edits to the form instructions to provide greater clarity on this requirement. .
Rearrange certain paragraphs on revised I-539 Form
I fear people may overlook the info below #19 which starts “If you answered “Yes” to number 18…” I recommend putting this paragraph immediately below #18. In other words, move up the paragraph that starts “If you answered “Yes” to number 18” to be part of 18. You could just say, “If you answered yes…” (like you have done with question 20).	Lynne Vanahill University of Kansas	Thank you for your insightful comment. Your suggested changes regarding the placement of instructions for additional information relevant to Part 4, Questions 18 and 19 were made.
Greater clarification in question located at Part 4, Item 19
With this question you want additional info if the person marks “yes” or “no.” Students OFTEN overlook questions like this so I recommend mentioning “Additional Information Required.”	Lynne Vanahill University of Kansas	Thank you for your insightful comment. Your suggested changes regarding the placement of instructions for additional information relevant to Part 4, Questions 18 and 19 were made.
Part 4 too wordy beginning at “Additional Information for Answers to Numbers 18 and 19” and Quest 20 lacks room for J-1 dates
Two suggestions: Either (1) Add this section to Part 4 and place it immediately below question 19 or (2) leave it near the end of the form and rename it Part 9 or Supplement 1 and direct people to the end of the document.	Lynne Vanahill University of Kansas	Thank you for your insightful comment. Your suggested changes regarding the placement of instructions for additional information relevant to Part 4, Questions 18 and 19 were made.
Question 20 does not provide room for dates of any time in J-1 status.	Anonymous	Thank you for your insightful comment. Your suggested change regarding the lack of space to report dates of time spent in J-1status was made.
Comments regarding I-539 ELIS Screenshots
On page 1 of ELIS screen shot pdf., “Individuals in the F-1 classification who receive a date-specific visa that requires…” This is a total misuse of the word “visa.” ALL nonimmigrants that have a visa have a date-specific visa and a visa has nothing to do with how long an individual can stay in the U.S. Please refer to 22 CFR 411.112(a) which says “the period of visa validity has no relation to the period of time the immigration authorities may authorize the alien to stay in the United States.” I think correct terminology, especially on a Federal government website should be used. I think you are actually referring to the alien’s “I-94” or “entry stamp” in their passport. A possible suggestion may read “*Individuals in the F-1 classification who received a specific departure date on their I-94 or entry stamp can extend status in USCIS ELIS.”	Lynne Vanahill University of Kansas	Thank you for your suggested language revision to our USCIS ELIS website page. USCIS will re-review this language for accuracy and clarity, but, at this time, USCIS will not make the suggested change.
On page 4 of ELIS screen shot pdf., I LOVE that you have check boxes if there is no first name or middle name.	Lynne Vanahill University of Kansas	Thank you for your positive feedback on this feature.
On page 8 of ELIS screen shots, pull down menu titled “About You,” the first or top question is asking if the person entered under the Visa Waiver Program. Then the second question is asking if the person entered under the Visa Waiver Program. Is it possible to add a layer of logic here and only ask for the additional VWP information if the person answers “yes” to entering under the VWP from the drop down above? In my mind, if I just said I entered as F-1, I don’t understand why you are asking if I entered under VWP?	Lynne Vanahill University of Kansas	Thank you for your suggestion on improved tailoring of questions based on previous applicant responses. USCIS will take your suggestion into consideration as we process our next USCIS ELIS version update; however, at this time, USCIS will not make the suggested change.
On page 16 of ELIS screen shots, the question is “Are you a B-2 visitor applying to extend your stay, or are you applying to change your status to that of an F-1 of M-1,” If the answer is “yes” the person is asked to provide who will provide financial support. It appears there is only one place to list one individual plus a scholarship. It is possible the student may have more than one source. Please consider adding an option for additional sources of funding.	Lynne Vanahill University of Kansas	Thank you for your suggestion on allowing USCIS ELIS to capture additional sources of financial support. USCIS will take your suggestion into consideration as we process our next USCIS ELIS version update.
On page 17 of ELIS screen shots, the question asks if the person is currently in J-1 or J-2 status (apparently after the person has already been asked about current immigration status). Is there any way to use behind the scenes logic to know this without asking again? The system should know if the person already indicated their status.	Lynne Vanahill University of Kansas	Thank you for your suggestion on how to streamline the applicant’s data entry experience. USCIS will take your suggestion into consideration as we process our next USCIS ELIS version update.
On page 21 of screen shots, Employment History. Is this only for past employment? If the person is currently employed, do you want a “Date Employment Ended” or a checkbox for “Still Currently Employed at Time of Application?”	Lynne Vanahill University of Kansas	Thank you for your suggestion to clarify whether USCIS ELIS employment history should include current employment and, if so, how best to address employment end date. USCIS will take your suggestions into consideration as we process our next USCIS ELIS version update. Applicants who respond positively to the U.S. based employment background question under “Eligibility Information” are required to complete additional information regarding past and current U.S. based employment. Applicants can denote current employment by leaving the employment end date blank.
On page 23 of screen shots, Supplemental Biographic Information, how can one indicate where currently residing?	Lynne Vanahill University of Kansas	USCIS ELIS captures the applicant’s current residence in the “About You” section. Applicants do not need to reenter current residence in “Residence History.” Thank you for your suggestion to clarify this in USCIS ELIS. USCIS will take your suggestion into consideration as we process our next USCIS ELIS version update.

Public Comment and Response Matrix – 30-Day Notice

Public Comments	COMMENT ORIGINATOR	USCIS Response
(1) Suggestion that a field for a “requested effective date” be added to Form I-539 page 1, Part 2, Question 1b (similar to Form I-129, Part 5, Question 10, for example) in order to enhance the quality, utility, and clarity of the information to be collected.	Jean Saunders University of South Carolina	USCIS believes the commenter is referring to Page 2, Part 2, Question 2b; due to systems limitations USCIS will consider the comment to add a field for an effective date for an approved change of status to begin when making future revisions to Form I-539.

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