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USCIS TO SUSPEND BIO-METRICS REQUIREMENT FOR CERTAIN VISAS

Beginning May 17, 2021, the USCIS has suspended H-4, L-2, and E1, E2 and E3 non-immigrant categories bio-metrics requirements as methods to reduce the huge amount of backlog. Lately, due to several unprecedented reasons, including COVID, the processing times at the USCIS have increased drastically in nearly all non-immigrant and immigrant visa categories. A second, most significant factor was the Trump administration’s agenda which led to USCIS and other immigration related agencies to create multiple checks and obstacles to those seeking such benefits. This requirement of bio-metrics for people seeking to change or extend their status was one such move that had been initiated recently which had resulted in a prolonged delay in adjudication of applications for many applicants.

 

According to AILA, USCIS will issue guidance soon regarding the applicability of the bio-metrics suspension and bio-metrics fee. We also expect that USCIS will not require the bio-metrics fee for the applicable categories during the effective period, but that USCIS will not refund any payments already made. AILA will continue to monitor the situation and provide any updates necessary.

 

This declaration came when a class action law suit was filed against a Trump-era rule that required such change and extension of H-4 and L-2 visas to undergo bio-metrics which made such visa holder’s spouses unable to maintain continuous employment after expiration of their one year employment authorization. This has had a wide impact on the U.S. Economy as well since companies had to expend a lot of resources in hiring, recruiting and training of such replacements.

 

 

Information regarding the class action lawsuit initiated in March: Edakunni v. Mayorkas, U.S. District Court for the Western District of Washington, No. 2:21-cv-393.

 

Disclaimer

This article, under no circumstances, acts as legal advice; therefore, for any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).