On May 3, 2021, USCIS has announced that it will suspend the biometrics requirements for certain I-539 applicants for a two-year period beginning on May 17, 2021. 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 if they are 1) pending on May 17, 2021, and have not yet received a biometric services appointment notice, and 2) 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. We also expect 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. LBL will continue to monitor the situation and provide any updates necessary.
We welcome this news from USCIS. The biometric requirement for H4s was burdensome and invasive for young applicants. Practically speaking, it resulted in significant delays for H4 EAD holders and forced the separation of H4 EAD applications from H1b petitions. Prior to the biometric requirements, H4 EAD applications usually received the benefit of premium processing from the H1b. It is possible that this will resume now that the biometric requirement has been lifted.
Please contact LBL if you have any questions or need assistance with H-4, L-2 or H4 EAD applications.
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If you have any questions or concerns about the information provided above, please don’t hesitate to contact me.
Sincerely,
Luke Bowman
The Law offices of Luke Bowman