NOTE: This information is provided as a courtesy and does not constitute legal advice. FSIS staff cannot complete/prepare the I-539 on your behalf. Form I-539 is a personal application and FSIS cannot provide you with more specific guidance or advice on how to complete it. USCIS provides comprehensive instructions on how to complete this form at www.uscis.gov/i-539. If, after reviewing the information below, you have further questions about what how to respond to a particular question on the Form I-539, please consult an immigration attorney.
For more information on completing Form I-765 to request an H-4 EAD, please refer to our "Applying for an EAD while in H-4 Status" page.
If FSIS is filing an employment-based immigration petition (e.g. an H-1B petition) for an employee, Form I-539 is used by the dependents (spouse and children under age 21) who are applying for a change or extension of their immigration status (e.g. H-4).
Form I-539 is not used for the primary status holder, i.e. the employee in H-1B, TN, E-3 etc status. Therefore, Form I-539 and the supplemental Form I-539A are completed from the perspective of the dependent family members only; the "applicant" is usually the spouse or the oldest dependent child. Additional dependent family members are "co-applicants," for whom the I-539A supplement is completed. (Note that Form I-539 may also be used by individuals applying for a change of status to, for example, F-1 or J-1 status. In that scenario, the primary status holder's information would be included on Form I-539 and the information on any dependent family members would be included in the I-539A supplement.)
Following are some suggestions for dependent(s) completing Form I-539 applications.
- Form I-539 can be filed (and paid) online: https://www.uscis.gov/i539online
- Be sure to use the correct edition of the form. See "Edition Date" under "Form Details" at www.uscis.gov/i-539 for the latest information.
- In those boxes on the application that do not apply to you, write “none” or “N/A” (not applicable), as appropriate.
PART 1: Information About You (the dependent family member, the applicant).
- U.S. Mailing Address is where the applicant receives mail.
- This is the address where USCIS will send the receipt notice and approval notice as well as any other relevant communication about the I-539 application.
- If you anticipate you will be moving after filing the I-539, please consult with an FSIS adviser.
- U.S. Physical Address is the applicant's U.S. residential address.
- Other Information About You:
- #11: Use the number of the passport you used to enter the US, even if it has expired. You can enter your new passport number in Part 4, 1. For "country of issuance," list the country that issued the document, not the country in which it was obtained, i.e. generally the applicant's country of citizenship. In other words, if you obtained your passport in the US, but your country of citizenship is India, country of issuance is India, not US).
- #12: Applicant's current non-immigrant status. Provide the status expiration date as indicated on the applicant's I-94. If applicant holds F or J status, check the "Duration of Status (D/S)" box instead.
PART 2: Application Type
- #2: If you are applying for change of immigration status, indicate the requested status, e.g. H-4, as well as the requested effective date of that change. If you are applying for an extension of status, indicate “N/A" in both sections of #2.
- #3: If applicant is the only dependent family member that is included on the I-539, select “I am the only applicant.” If there are multiple dependent family members, select “I am filing this application for myself and members of my family.”
- #4:Indicate the total number of dependent applicants. (Do not include the primary status holder in the number in #4.)
- #5+6: Does not apply to applicants pursuing a change of status to H-4, TD, E-3D status
PART 3: Processing Information
- #1: The latest possible extension end date is the end date that is requested (or was already granted) to the primary status holder. FSIS can confirm the requested end date for the primary status holder.
- #2: Select "Yes" only if the I-539 is filed after the primary status holder’s status petition was already approved. (Applicant will need to submit own I-539 directly with USCIS.)
- #3: Select “Yes, filed with this Form I-539" if we are including this application as a courtesy with the employee's H-1B/TN/ E-3 petition. (Provide signed I-539 with support documents to FSIS.) Select “Yes, filed previously and pending with […] USCIS” if the primary status holder’s application has already been filed with USCIS but has not yet been approved. (Applicant will need to submit own I-539 directly with USCIS.)
- #4: Select the form number used by/on behalf of the primary status applicant. For H-1B applicants, the form number is I-129.
- #5: If the I-539 is filed concurrently with the I-129, the USCIS receipt number is not yet available. Provide the USCIS receipt number for the primary status holder’s petition, if a petition has already been filed or approved.
- #6+7: Indicate “N/A” unless the I-539 is not filed with the I-129 and the I-129 remains pending.
PART 4: Additional Information About the Principal Applicant
- #1: Only required if different from the passport information in Part 1.
- #3-13: Please be sure to respond to all questions. If you respond “yes” to any of these question, provide an explanation in Part 8.
- #14: Whether applicant selects “yes” or “no,” be sure to provide an explanation in Part 8..
- If applicant answered "no" to #14, provide the following information in Part 8:
- Fully supported by [spouse/parent]
- Name of [spouse/parent]
- Position Title
- [name of unit], University of Michigan
- Current annual salary: [...]
- If applicant answered “yes” to #14, provide the requested information and include documentation of your employment authorization (e.g. EAD).
- If applicant answered "no" to #14, provide the following information in Part 8:
- #15: If “yes,” please provide an explanation in Part 8. In your explanation, you must include the J-program dates. It is also recommended you indicate whether or not the applicant was subject to the two year home residency requirement and, if so, whether the requirement was waived or served out.
PART 5: Applicant's Contact Information, Certification and Signature
- A parent or legal guardian may sign the Form I-539 or Form I-539A for any child under the age of 14.
- A copied version of Form I-539 and I-539A, including a copied signature page, may be submitted to USCIS. If a copied signature page is submitted, you must retain the original version with the original, wet ink signature. Digitally signed forms are not accepted.
Support Documents and Filing Fee
USCIS provides a list of required support documents, specific to each type of I-539 request. Be sure to attach a copy of each of those documents. It is strongly recommended applicants also keep a complete copy of the application and supporting documents for their records.
For H-4 I-539 applicants, USCIS requires the following documents:
- Form I-94 or paper I-94 for each dependent. If applicant has a paper I-94, provide copies of front and back.
- Evidence of relationship, generally marriage certificate for spouse and birth certificate for child.
- English translation, if applicable
- At least one of the following IF the I-539 is NOT filed concurrently with the H-1B petition:
- A copy of Form I-129 (H-1B petition) filed on behalf of primary status holder -- NOTE: FSIS has this and will include with concurrently filed I-539s;
- A copy of Form I-797 Receipt Notice, if H-1B petition is pending;
- A copy of the H-1B status holder’s most recent Form I-94; or
- A copy of Form I-797 Approval Notice, if the H-1B petition has been approved.
Beyond these required documents, you may also consider including additional, relevant documents, such as:
- Passport biographical information page for each dependent
- Current US visa sticker in passport, if any
- Current status documents, e.g. I-20/DS-2019/I-797 approval notice, if any
- EAD, if applicable
- IAP-66 or DS-2019 form if you previously held J status, if applicable
- Waiver of two-year home residency requirement, if applicable
Also attach a single check for the I-539 application. The check should be made out to the “US Department of Homeland Security.” To calculate the required filing fee, please see the "filing fee" section at www.uscis.gov/i-539 or use the USCIS fee calculator. Note that, if the I-539 is filed concurrently with the H-1B petition, the form of payment MUST be a check. USCIS will not accept mixed forms of payment for applications that are filed together - to pay by credit card or money order, the application would need to be filed separately.
Note:
- Depending on your travel plans, it may not be necessary to file Form I-539.
- As a result of a Settlement Agreement (Edakunni vs. Mayorkas), USCIS will adjudicate Form I-539 together with the underlying H-1B petition IF they are filed together.