Important Updates
Important Updates
November 19, 2025 | United StatesUnited States: USCIS Takes Preliminary Step Toward Implementation of Gold Card Permanent Residence Program
November 19, 2025 | Canada, Republic of the PhilippinesCanada/Philippines: Reminder: Overseas Employment Certificate Requirements for Filipinos Working in Canada
November 19, 2025 | United KingdomConstruction Management: Illegal Working in Construction: Expanding Right to Work Checks
November 19, 2025 | Costa RicaCosta Rica: Expedited Immigration Process for Accredited Companies Launched
November 19, 2025 | HungaryHungary: Increased Scrutiny of Work Permit Applications; Transition to New Digital Application System
November 19, 2025 | United StatesUnited States: USCIS Takes Preliminary Step Toward Implementation of Gold Card Permanent Residence Program
November 19, 2025 | Canada, Republic of the PhilippinesCanada/Philippines: Reminder: Overseas Employment Certificate Requirements for Filipinos Working in Canada
November 19, 2025 | United KingdomConstruction Management: Illegal Working in Construction: Expanding Right to Work Checks
November 19, 2025 | Costa RicaCosta Rica: Expedited Immigration Process for Accredited Companies Launched
November 19, 2025 | HungaryHungary: Increased Scrutiny of Work Permit Applications; Transition to New Digital Application System
November 19, 2025 | United StatesUnited States: USCIS Takes Preliminary Step Toward Implementation of Gold Card Permanent Residence Program
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

USCIS to Require Biometrics for Certain Foreign Nationals Seeking a Change or Extension of Nonimmigrant Status

February 13, 2019

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • Starting March 11, dependents of employment-based nonimmigrants, as well as B-1/B-2 visitors, some F-1 students and certain other nonimmigrants, will be required to appear in person for fingerprinting and photographs when applying for a change or extension of status on USCIS Form I-539.
  • A new edition of Form I-539, dated 02/04/19, will become mandatory on March 11.
  • The new biometrics requirement is expected to increase processing times for I-539 changes and extensions of stay and related employment authorization applications.   
  • The new biometrics policy does not affect cases filed on Form I-129, including H-1B and L-1 petitions.

The situation

On March 11, USCIS will implement a revised edition of Form I-539, Application to Extend/Change Nonimmigrant Status, dated 02/04/19. The revised form will require most applicants and any family members included in the application to:

  • Appear in person at a USCIS Application Support Center to have their biometrics taken (fingerprints, photo and/or digital signature), regardless of age. A biometrics fee of $85 will be required. Previously, biometrics were not required for I-539 applicants; and
  • Sign the application to change or extend their status. Parents and guardians will be permitted to sign on behalf of children under 14 or those incompetent to sign. Previously, only the principal I-539 applicant was required to sign the form.


The revised Form I-539 is not yet available to the public. USCIS is expected to publish the new form on March 11, the effective date of the new requirements. Prior editions of Form I-539 will not be accepted after March 10, unless USCIS decides to provide a grace period.

Foreign nationals affected by the change

The following nonimmigrant categories, among others, are required to use the new form and undergo biometrics procedures when seeking a change or extension of status:

  • Spouses and children of H-1B, L-1 and other principal employment-based nonimmigrant beneficiaries;
  • B-1/B-2 business visitors;
  • F-1 students and J-1 exchange visitors, for certain changes and extensions of status (but not changes of status to H-1B, L-1 or another employer-sponsored nonimmigrant category). 

Longer processing times expected

Biometrics collection and related background checks will mean that affected foreign nationals may have to wait longer for USCIS adjudication of their changes and extensions of status. In addition, the processing of applications for employment authorization documents (EADs) filed with Form I-539 could be delayed due to the new biometrics procedures. This includes EAD applications for H-4, L-2 and E spouses.

Impact on FY 2020 H-1B cap season

Under USCIS’s current plans, the new I-539 form will be required for changes of status to H-4 filed by the dependent family members of foreign nationals being sponsored under the FY 2020 H-1B cap, which begins April 1, 2019.   

However, the new I-539 form is not scheduled to be released for public use until just a few weeks before the April 1 start of the FY 2020 cap filing period, and it will take effect immediately. This will leave limited time to prepare H-4 change of status applications before the cap filing period opens. 

The business immigration community is working to make USCIS aware of the impact of the new Form I-539 on time-sensitive H-1B cap cases. Advocates are seeking a grace period to allow employers and their immigration counsel to use an older version of Form I-539 for FY 2020 H-1B cap dependent filings, though this accommodation is not guaranteed.

Fragomen is closely monitoring the impact of the forthcoming Form I-539 on the FY 2020 cap season and will provide updates as developments occur.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

UAE Updates Residency Rules to Support Residents Following Marital Status Changes

Manager Ruaida Hussein outlines the UAE’s updated residency rules introducing a one-year residence permit for eligible individuals following divorce or the death of a spouse

Learn more

Media mentions

Construction Management: Illegal Working in Construction: Expanding Right to Work Checks

Manager Clara Gautrais and Immigration Paralegal Sean Pearce highlight how the UK government’s consultation on expanding right to work checks could affect construction employers.

Learn more

Awards

China Managing Partner Becky Xia Named Among the "Top 100 Most Influential Chinese Elites for 2025" by Forbes China

China Managing Partner Becky Xia is named among the “Top 100 Most Influential Chinese Elites for 2025” by Forbes China for her leadership in immigration law and contributions to global mobility.

Learn more

Awards

Fragomen Recognised on The Times’ 2026 Best Law Firms List

Fragomen is featured on The Times’ 2026 Best Law Firms list in the category of immigration.

Learn more

Blog post

Foreign Birth Registration: How to Claim Irish Citizenship Through Ancestry in 2025

Senior Immigration Consultant Patricia Rezmives explains the 2025 process for claiming Irish citizenship through ancestry and key considerations for foreign birth registration.

Learn more

Fragomen news

Fragomen Named Among Top Firms on Law360 Pulse's 2025 Social Impact Leaders List

Fragomen is recognized on Law360 Pulse's 2025 Social Impact Leaders list.

Learn more

Awards

Partner F. Joseph Paldino Honored with the 2025 Utah State Bar Paul Moxley Outstanding Mentor Award

Partner F. Joseph Paldino is recognized with the Utah State Bar’s Paul Moxley Outstanding Mentor Award for his dedication to mentorship in immigration law and fostering professional growth in the legal community.

Learn more

Blog post

The Compliance Paradox: Why Immigration Compliance Must Become Strategic Governance

In this blog, Partner K. Edward Raleigh explains how modern immigration compliance must evolve from paperwork and formality into a strategic governance discipline that aligns outdated laws with today’s business realities and measures true compliance through systems, behavior and integrity.

Learn more

Blog post

UK Immigration Reforms: A Moment to Shape the System

UK Government Affairs Strategy Director Shuyeb Muquit examines the UK’s evolving immigration framework, outlining recent reforms, upcoming consultations and the key areas where business can help shape the system’s future direction.

Learn more

Media mentions

„Zatrudnianie cudzoziemców po zmianach” – praktyczny przewodnik dla pracodawców

Partner Karolina Schiffter and Poland Immigration Strategy Director Tomasz Rogala authored Zatrudnianie cudzoziemców po zmianach, a practical guide for navigating Poland’s new rules for hiring foreign workers.

Learn more

Video

Irish Citizenship by Descent: Are You Eligible?

Senior Manager Fatima Aydin breaks down Irish citizenship by descent, a popular pathway for individuals of Irish ancestry to secure Irish citizenship and passport. 

Learn more

Awards

Fragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in Mexico™

Eight Fragomen professionals in Mexico City recognized in The Best Lawyers in Mexico™ 2026 edition for excellence in Immigration Law.

Learn more

Blog post

UAE Updates Residency Rules to Support Residents Following Marital Status Changes

Manager Ruaida Hussein outlines the UAE’s updated residency rules introducing a one-year residence permit for eligible individuals following divorce or the death of a spouse

Learn more

Media mentions

Construction Management: Illegal Working in Construction: Expanding Right to Work Checks

Manager Clara Gautrais and Immigration Paralegal Sean Pearce highlight how the UK government’s consultation on expanding right to work checks could affect construction employers.

Learn more

Awards

China Managing Partner Becky Xia Named Among the "Top 100 Most Influential Chinese Elites for 2025" by Forbes China

China Managing Partner Becky Xia is named among the “Top 100 Most Influential Chinese Elites for 2025” by Forbes China for her leadership in immigration law and contributions to global mobility.

Learn more

Awards

Fragomen Recognised on The Times’ 2026 Best Law Firms List

Fragomen is featured on The Times’ 2026 Best Law Firms list in the category of immigration.

Learn more

Blog post

Foreign Birth Registration: How to Claim Irish Citizenship Through Ancestry in 2025

Senior Immigration Consultant Patricia Rezmives explains the 2025 process for claiming Irish citizenship through ancestry and key considerations for foreign birth registration.

Learn more

Fragomen news

Fragomen Named Among Top Firms on Law360 Pulse's 2025 Social Impact Leaders List

Fragomen is recognized on Law360 Pulse's 2025 Social Impact Leaders list.

Learn more

Awards

Partner F. Joseph Paldino Honored with the 2025 Utah State Bar Paul Moxley Outstanding Mentor Award

Partner F. Joseph Paldino is recognized with the Utah State Bar’s Paul Moxley Outstanding Mentor Award for his dedication to mentorship in immigration law and fostering professional growth in the legal community.

Learn more

Blog post

The Compliance Paradox: Why Immigration Compliance Must Become Strategic Governance

In this blog, Partner K. Edward Raleigh explains how modern immigration compliance must evolve from paperwork and formality into a strategic governance discipline that aligns outdated laws with today’s business realities and measures true compliance through systems, behavior and integrity.

Learn more

Blog post

UK Immigration Reforms: A Moment to Shape the System

UK Government Affairs Strategy Director Shuyeb Muquit examines the UK’s evolving immigration framework, outlining recent reforms, upcoming consultations and the key areas where business can help shape the system’s future direction.

Learn more

Media mentions

„Zatrudnianie cudzoziemców po zmianach” – praktyczny przewodnik dla pracodawców

Partner Karolina Schiffter and Poland Immigration Strategy Director Tomasz Rogala authored Zatrudnianie cudzoziemców po zmianach, a practical guide for navigating Poland’s new rules for hiring foreign workers.

Learn more

Video

Irish Citizenship by Descent: Are You Eligible?

Senior Manager Fatima Aydin breaks down Irish citizenship by descent, a popular pathway for individuals of Irish ancestry to secure Irish citizenship and passport. 

Learn more

Awards

Fragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in Mexico™

Eight Fragomen professionals in Mexico City recognized in The Best Lawyers in Mexico™ 2026 edition for excellence in Immigration Law.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.