As previously reported, USCIS is temporarily suspending the biometrics requirements for certain applicants filing Form I-539:
- Extension of stay in or change of status to H-4 nonimmigrant status;
- Extension of stay in or change of status to L-2 nonimmigrant status;
- Extension of stay in or change of status to E-1 nonimmigrant status;
- Extension of stay in or change of status to E-2 nonimmigrant status (including E-2C (E-2 CNMI Investor)); or
- Extension of stay in or change of status to E-3 nonimmigrant status (including those selecting E-3D).
The suspension will go into effect on Monday, May 17, 2021, and will apply only to the above categories of Form I-539 applications that are 1) pending as of May 17, 2021, and have not yet received a biometric services appointment notice or 2) postmarked or submitted electronically on or after May 17, 2021. Form I-539 applicants who have received a biometric services appointment notice should still attend their scheduled appointment.
USCIS retains the discretion on a case-by-case basis to require biometrics for applicants who meet the criteria above, and any applicant may be scheduled for an application support center (ASC) appointment to submit biometrics.
The biometrics requirement suspension will last until May 17, 2023. At the end of two years, the policy will be subject to extension or revocation by the USCIS Director.
Erickson Immigration Group will continue to send updates as more news is available. If you have questions about anything we’re reporting above or case-specific questions, please contact your employer or EIG attorney.