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Anticipating the Temporary Suspension of Biometrics Be Made Permanent or to be Extended for Individuals seeking to change to or extend H-4, L-2, and E nonimmigrant status using Form I-539

On April 19, 2023, U.S. Citizenship and Immigration Services (USCIS)  announced that the temporary suspension of the biometrics requirement for certain individuals filing Form I-539, Application to Extend/Change Nonimmigrant Status, would be extended through September 30, 2023.

As a result of this announcement, any individuals filing Form I-539 to request an extension of or change of status to H-4, L-2, E-1, E-2, or E-3 nonimmigrant status will not need to submit the $85 biometric services fee or attend a biometrics appointment, provided that the application is submitted by September 30, 2023.

Background

On March 11, 2019, USCIS first began requiring all applicants filing Form I-539 to attend biometrics appointments as part of the application process. Due to this additional step, and exacerbated by the COVID-19 pandemic and related USCIS office closures, unprecedented processing delays for Form I-539 applications developed.

In response to these delays and related lawsuits filed against USCIS, the agency first suspended this biometrics requirement on May 17, 2021. The initial suspension period was set to expire on May 17, 2023. The latest announcement from USCIS extended the temporary suspension through September 30, 2023.

UPDATE ALERT:

USCIS has been contacted in order to seek that the temporary suspension of biometrics requirements be made permanent, or at the very least, prolonged once more. The request is being reviewed by USCIS, and we anticipate that it will be extended because USCIS has shared that this step has been a key efficiency measure.
Stay tuned for more updates as they become available

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).