Biometrics Requirements Suspended for Certain Visa Categories Submitting Form I-539

By: Vandana Marath

United States Citizenship and Immigration Services (USCIS) will suspend biometric requirements for certain Forms I-539, Application to Extend/Change Nonimmigrant Status for a two-year period starting on May 17, 2021. The suspension will affect individuals in visa categories H-4, L-2, E-1, E-2, and E-3 that have not obtained a biometric service appointment notice and are pending on May 17, 2021, or that are new applicants between May 17, 2021 and May 23, 2022. USCIS will not refund payments that have already been made.

The suspension was announced on May 3, 2021 through a declaration submitted in Edakunni v. Mayorkas, a class action lawsuit regarding the delays in H-4 and L-2 adjudication.

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USCIS will likely release more guidance soon on the suspension and biometrics fees. Our Chugh, LLP immigration professionals will continue to monitor the situation and provide updates as they become available.