Quick Takeaways
- Fee of $1,750.00 will guarantee a decision for I-539 Applicant (and co-Applicants) within 30 days.
- Available for pending Applications as of June 13, for concurrently-filed Applications starting June 26.
- Principal F-1, M-1, and J-1 holders, as well as F-2, M-2, and J-2 derivative spouses and children, may access Premium Processing only for I-539 Applications requesting a Change of Status.
- 30-day clock will commence after I-539 Applicant (and co-Applicants) have biometrics taken.
As promised earlier this year, USCIS has finally announced the introduction of Premium Processing for I-539 Applicants seeking a Change of Status to F, M, or J classification. As of yesterday, June 13, individuals with pending I-539 Applications seeking a Change of Status to F-1, F-2, M-1, M-2, J-1, or J-2 status may upgrade those Applications to Premium Processing; and starting June 26, 2023, USCIS will accept Premium Processing requests filed concurrently with these Applications. As of right now, Premium Processing will only be available to I-539 Applications requesting a Change of Status; therefore, M-1 and M-2 Extension Applications, as well as the rare F-1 Extension for public high school students, cannot access this opportunity.
According to USCIS’ website, the fee for I-539 Change of Status Applications for F, M, and J nonimmigrants is $1,750.00, and will guarantee a decision within 30 days. Premium Processing requests for pending I-539 Applications filed online must also be submitted online, as is the case for I-539 Applications filed in physical form. Either way, the 30-day clock will only start once the I-539 Applicants – including derivative co-Applicants – have completed their biometrics requirement. Therefore, rescheduling a biometrics appointment may lead to significant delays in spite of paying the additional Premium Processing fee.
While it is certain that only one Premium Processing fee is required for I-539 Applications that include several co-Applicants on Form I-539A, what is not clear is whether a concurrent filing with the I-539 Application – such as the Employment Authorization Document (I-765) Application for J-2 spouses – will be accepted and adjudicated along with the Premium Processed-I-539 Application. Likewise, it is uncertain how USCIS will notify I-539 Applicants that their 30-day clock has started, how to address a situation where the clock may not have started on time, or whether I-539 Applicants will have access to the Premium Processing Service via phone and email. We will continue to monitor the situation as it develops, and will provide updates as we receive them.
In the meantime, if you have any questions regarding whether your I-539 Application is eligible for Premium Processing or any other aspects of the I-539 process, please contact our Firm.
