Over the past few weeks, both U.S. Citizenship & Immigration Services (USCIS) and the Department of Homeland Security (DHS) made significant announcements regarding biometrics for certain visa applications as a way of addressing the extensive backlogs for these cases.
Suspending Biometrics for Certain I-539 Applicants
First, effective May 17, USCIS announced that they “will temporarily suspend the biometrics submission requirement for certain applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, requesting an extension of stay in or change of status to H-4, L-2, and E nonimmigrant status.” USCIS noted that the agency will permit adjudications for those specific categories to proceed based on biographic information and related background checks, without needing fingerprints and a photograph. The temporary suspension will apply through May 17, 2023, and may be extended or revoked by the USCIS director.
This temporary change in policy will impact applicants seeking an extension of stay or change of status to H-4 (spouses and children of H-1B’s), L-2 (spouses and children of L-1’s), and E (dependents of E-1, E-2 and E-3 principal nonimmigrants) status, for those whose applications were pending on May 17, 2021 and who have not yet received a biometric services appointment notice, as well as those filing their application after May 17, 2021. Unfortunately, O-3 (spouses and children of O-1’s) are not included in the temporary biometrics submission suspension.
According to the policy change, as of May 17, 2021, Form I-539 applicants meeting the above referenced criteria are “not required to submit the $85 biometric services fee for Form I-539 during the suspension period. USCIS will return a biometric services fee if submitted separately from the base fee. USCIS will allow a short grace period during which USCIS will not reject Form I-539 filed with the biometric services fee.” However, USCIS said they will begin rejecting paper Form I-539 applications postmarked on May 27, 2021, or later (during this suspension of the biometrics requirement) “if applicants meeting the above criteria submit a single payment covering both the filing fee and the $85 biometrics services fee” and if “USCIS rejects the paper application because the applicant included the $85 biometrics service fee after the grace period, the applicant will need to re-file Form I-539 without the biometric services fee.” USCIS has also published an updated fee schedule noting the exceptions to the I-539 biometric fees.
Applicants Can Now Call to Reschedule Biometrics
In another effort to streamline the biometrics requirements, USCIS announced that “applicants, petitioners, requestors and beneficiaries may now call the USCIS Contact Center (800-375-5283) to reschedule their biometric services appointments scheduled at a USCIS Application Support Center” in lieu of “submitting requests in writing to reschedule biometrics appointments.” Applicants must establish “good cause” for rescheduling and applicants must call to reschedule before the date and time of their original appointment.
DHS Withdraws Trump Era Rule to Expand Biometrics
On May 7, 2021, DHS announced it has withdrawn a proposed rule, originally published on September 11, 2020, by the Trump administration that would have “expanded department authorities and requirements for collecting biometrics by removing age restrictions; requiring submission of biometrics for every applicant, petitioner, sponsor, beneficiary, or other individual filing for or associated with any immigration or naturalization benefit or request unless DHS waives or exempts the biometrics requirement; codifying the authority to use DNA test results; and authorizing the use of additional types of biometric modalities.” DHS notes, however, that they are maintaining their commitment “to national security, identity management, fraud prevention and program integrity” and will continue to require “submission of biometrics where appropriate.”
DHS noted their decision to withdraw the proposed rule is consistent with President Biden’s Executive Order 14012 (“Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans”) which requires certain federal agencies including DHS to “identify barriers that impede access to immigration benefits and fair, efficient adjudications of these benefits.”
Update April 21, 2023: USCIS announced it has extended the temporary suspension of the biometrics submission requirement for certain applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, who are requesting an extension of stay in or change of status to H-4, L-2, or E nonimmigrant status. The temporary suspension, which was initially in place until May 17, 2023, has been extended through September 30, 2023.