Blog Layout
USCIS to Suspend Biometrics Requirement for Certain I-539 Applicants Beginning May 17, 2021
Gabriela Ungo • May 05, 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.
The USCIS Final Fee Rule will be effective as of April 1, 2024. It includes an overall weighted average increase of 40% in application fees
USCIS will soon be announcing the opening of the fiscal year (FY) 2025 H-1B Lottery. arch 1, 2024 is expected to be the first day on which USCIS will accepts H1B registrations for the fiscal year 2025 that begins on October 1, 2024.
The U.S. Department of State (DOS) released guidance and FAQs on the pilot program to resume domestic visa renewals for qualified H-1B nonimmigrant visa applicants who meet certain requirements.
Effective February 26, 2024, premium processing fees will increase from $2,500 to $2,805; from $1,750 to $1,965; and from $1,500 to $1,685
On October 23, 2023, the U.S. Department of Homeland Security (DHS) released a Notice of Proposed Rulemaking (NPRM) to modernize and improve the H-1B visa program. DHS will accept public comments until December 22, 2023.
Limited to principal H-1B applicants, the stateside visa renewal pilot program is expected to kick off early 2024, and will be available to nationals of countries that are not subject to visa reciprocity fees, such as India.
USCIS to increase the maximum validity period to 5 years for initial and renewal Employment Authorization Documents (EADs) for certain noncitizens
The Department of Homeland Security (DHS) today announced an extension of Temporary Protected Status (TPS) for Ukraine for 18 months, from October 20, 2023, through April 19, 2025
Department of Homeland Security issues optional alternatives to In-person physical document examination related to Form I-9 for Employers participating in E-Verify pursuant COVID flexibilities
On July 31, 2023, USCIS announced that it selected a sufficient number of H-1B registrations projected to reach the cap and has notified all prospective petitioners from this round of lottery selection that they are eligible to file an H-1B cap-subject petition.