USCIS Extends Temporary Suspension of Biometrics Submission Requirement for Certain Nonimmigrant Applicants

April 19, 2023 | By: Ujwala Bagal

United States Citizenship and Immigration Services (USCIS) announced that the temporary suspension of biometrics requirements for certain nonimmigrant applicants, previously expiring on May 17, 2023, will now expire on September 30, 2023. The policy impacts applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status for an extension of stay in or change of status to H-4, L-2, or E nonimmigrant status.

The extension allows USCIS to continue resolving cases without capturing fingerprints and photographs, relying instead on background checks and biographical information to reach a decision. However, USCIS will retain authority to issue biometrics requirements on a case-by-case basis. If selected, applicants will be required to visit an application support center to submit biometrics. 

Biometrics Fees

Form I-539 applicants who are subject to the suspension should refrain from including the $85 biometrics fee in their application. If a fee is submitted separately from the base fee, USCIS will simply return the fee and process the form. However, if an applicant submits a single payment that includes the biometrics fee, the application will be rejected, and they will need to re-file.

Conclusion

USCIS has previously stated their intent to make the biometrics exemption permanent in their Fiscal Year 2022 progress report and will likely make another announcement soon. The Chugh, LLP immigration team will continue to monitor the situation and provide updates as they become available. For help filing Form I-539, understanding the temporary suspension, or other questions regarding biometrics please reach out to your attorney.