Beginning Oct. 1, USCIS is exempting the $85 biometric services fee as part of the application process for Form I-539. Applicants do not need to pay the fee if their application is postmarked Oct. 1 or later. However, if filing Form I-539 prior to Oct. 1, certain filers will still be scheduled for an ASC appointment and should still attend that appointment as scheduled. In most cases, after Oct. 1, applicants will not be scheduled to attend a biometric services appointment. However, if USCIS determines that biometrics are required, the applicant will receive a notice with information about appearing for their biometric services appointment.
Important Details
- USCIS will return any mistakenly submitted biometric services fees when submitted separately from the Form I-539 fee.
- However, if the biometric services fee payment is combined with a paper-based Form I-539 filing fee, this is considered an incorrect filing and USCIS will reject the Form I-539.
- If an applicant mistakenly authorizes a credit card payment that combines the biometric services fee with the Form I-539 application fee, USCIS will accept the application, and only charge the application fee.
The biometric services fee exemption will apply to all applicants filing on or after Oct.1, including those applicants filing Form I-539 requesting an extension of stay in or change of status to H-4, L-2, or E nonimmigrant for whom USCIS had previously suspended the biometrics requirement through Sept. 30, 2023.
Erickson Insights
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.