Latest I-539 Form Processing Times for Nonimmigrants in 2021 and Beyond

In recent years, the amount of time it has taken for the US Citizenship and Immigration Services (USCIS) to process applications under the I-539 form has garnered significant attention. This article explores the current processing times for nonimmigrants under this form in 2021, the reasons behind any delays, and what to expect in the future as the pandemic-related conditions evolve.

Introduction to I-539 and Its Purpose

The I-539 form is essential for nonimmigrants who wish to extend or alter their status. This form enables individuals to submit requests for an extension of their authorized stay in the United States (excluding certain types of visas, such as J-1 visas) or to change their visa category while remaining in the country. It is a critical tool for those seeking to prolong their stay due to unforeseen circumstances or to pursue further educational opportunities.

Processing Times in 2021

According to USCIS data for 2021, the processing times for the I-539 form ranged from nearly six months to even longer. This marked a significant increase from previous years, where the typical processing time was around four to six weeks. The delay is attributed to several factors, including:

Pandemic-related workforce reductions: The ongoing global health crisis required the USCIS workforce to focus on essential services, leading to reduced processing capacity and longer wait times. Shift in priorities: The focus shifted from processing tourist visas to other higher-priority forms, further slowing the I-539 processing times. Increased application volume: Despite the reduction in tourist arrivals due to travel restrictions, the number of I-539 applications surged, creating a backlog.

It is important to note that these delays may change depending on the current situation, as the pandemic continues to evolve.

Factors Affecting Current Processing Times

The current I-539 processing times are influenced by several ongoing factors:

Pandemic-Related Workforce Adjustments: As the pandemic subsides and the USCIS workforce is able to return to normal, processing times may improve. However, the timeline for such improvements remains uncertain. Increased Focus on Higher-Priority Cases: The USCIS continues to address a backlog of high-priority cases, which may continue to affect the processing times for the I-539 form. Entropy in Global Travel Patterns: As travel patterns and requirements change, the types and volumes of I-539 applications may also change, impacting processing times.

What Nonimmigrants Can Do During the Wait

While waiting for a response to the I-539 application, nonimmigrants can take several steps to ensure their continued legal status:

Stay in Compliant Status: Ensure that any previously granted extensions or alterations are still valid and continue to stay in compliance with the terms of the visa or status. Renewal of Employment Authorization: If working in the United States, ensure that the employment authorization document (EAD) remains valid and consider renewing it if necessary. Contact a Legal Professional: In case of any doubts or uncertainties, consulting with a legal professional specializing in immigration matters can provide guidance and peace of mind.

Expectations for Future Processing Times

As the pandemic situation improves and the USCIS workforce returns to normal, it is anticipated that processing times for the I-539 form will gradually decrease. However, the exact timeline is difficult to predict due to the continued fluidity of the pandemic and global travel restrictions. Regular updates from the USCIS and monitoring travel advisories can help in making informed decisions.

Conclusion

The extensive delays in processing the I-539 form in 2021 are primarily due to pandemic-related challenges. As the situation evolves, it is important for nonimmigrants to stay informed and consider proactive measures to manage their legal status effectively. Keeping a close eye on USCIS updates and consulting legal professionals can provide valuable guidance during this period of uncertainty.