USCIS to Suspend Biometrics Requirement for Certain I-539 Applicants Beginning May 17, 2021
Gabriela Ungo • May 5, 2021
Class-action lawsuit challenging H-4 and L-2 unprecedented adjudication delays forces USCIS to suspend biometrics
On May 3, 2021, USCIS announced, through a declaration submitted in the Edakunni v. Mayorkas
litigation, that it will suspend the biometrics requirements for certain I-539 applicants for a two-year period beginning on May 17, 2021, a move that is expected to expedite processing times for visa extensions and employment authorization.
Biometric screening was a Trump-era rule that required spouses of work-visa holders to submit appear at Application Support Centers for biometrics as part of their work permit applications. COVID-19 created an unprecedented backlog and delays.
The biometrics suspension will apply to the H-4, L-2, and E-1, E-2, and E-3 categories of Form I-539 Applications to Extend/ Change Nonimmigrant Status if they are:
- Pending on May 17, 2021, and have not yet received a biometric services appointment notice, and
- Are new applications received by USCIS from May 17, 2021, through May 23, 2022.
USCIS will issue guidance soon regarding the applicability of the biometrics suspension and biometrics fee. The American Immigration Lawyers Associations issued a members Practice Alert stating that it was not expected that USCIS will not require the biometrics fee for the applicable categories during the effective period, but that USCIS will not refund any payments already made.
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