USCIS Expected to Suspend Biometrics Requirements for Certain Applications

May 6, 2021 Anne Walsh

Effective May 17, 2021, U.S. Citizenship and Immigration Services (USCIS) is expected to remove biometrics requirements for certain dependent applicants filing Form I-539 including H-4, L-2, E-1, E-2 and E-3.

Overview

In various applications, petitions and requests, USCIS requires applicants to visit their local Application Support Center (ASC) to attend a biometrics appointment and to provide fingerprints, photograph and/or signature. In March 2019, USCIS implemented a requirement for all individuals submitting Form I-539 to complete biometrics, which includes dependent spouses and children of H-1B, L-1 and E statuses.

The COVID-19 pandemic impacted USCIS’ ability to provide the in-person biometrics service in a timely manner and as such, the agency is experiencing a substantial processing backlog of dependent H-4, L-2, E cases. The backlog also impacts any related Form I-765 Employment Authorization applications, as the I-765 cannot be approved until the underlying nonimmigrant status is granted. A class action lawsuit was filed against USCIS challenging the long processing delays.

Expected to begin on May 17, 2021, the new policy will suspend biometrics requirements for H-4, L-2 and E nonimmigrants filing Form I-539 and is intended to be in effect for two years. The change is expected to apply to applications that are pending on May 17 that have not yet received a biometrics appointment notice and new applications received for the two-year period.

By suspending biometrics requirements for the aforementioned categories, USCIS will shorten application processing times and reduce adjudication delays for Form I-539 and related Form I-765, Employment Authorization applications.

Looking Ahead

USCIS is expected to publish further guidance on the biometrics suspension in the coming days. Envoy Global and Global Immigration Associates (GIA) are monitoring this story and will provide updates as soon as possible. Please direct any circumstance-specific questions to your legal counsel.


Envoy is pleased to provide you this information, which was prepared in collaboration with Anne Walsh, who is a Partner at Global Immigration Associates, P.C. (www.giafirm.com), Envoy’s affiliated law firm.

Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult an Envoy-affiliated attorney or another qualified professional.

About the Author

Anne is a Partner with Global Immigration Associates. In this role, she provides counsel for companies ranging from startups to Fortune 500 corporations and their foreign national employees. Anne’s practice focuses on obtaining visas and employment-based green cards in all categories; immigration compliance arising from corporate changes, such as reorganizations and restructuring; and office relocations and company immigration policies and best practices. She also has extensive experience preparing and reviewing business immigration filings, requests for further evidence and appeals, and in researching and analyzing immigration statutes, policy and procedure. Anne works with clients in several industries, including software, cloud technology, manufacturing and electronics. In addition to her employment-based practice, Anne provides counsel for individuals pursuing visas and green cards through family relationships.

More Content by Anne Walsh
Previous Article
Employer Green Card Trends to Watch in 2021
Employer Green Card Trends to Watch in 2021

Green cards continue to play an important role in foreign talent acquisition and retention for employers.

Next Article
State Department to Alleviate Immigrant Visa Application Backlogs with Tiered System
State Department to Alleviate Immigrant Visa Application Backlogs with Tiered System

The U.S. State Department has announced that it will begin using a tiered system at U.S. Embassies and Cons...