USCIS to Suspend Biometrics Requirement for H-4 and other Applicants Beginning May 17, 2021

On May 3, 2021, USCIS announced, that it will suspend the biometrics requirements for certain I-539 applicants for two years 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:

–The application is pending as of May 17, 2021, and a biometrics appointment notice has not been received; or

–The application is received by USCIS between May 17, 2021, and the expiration date of the suspension.

According to reports, the USCIS will issue guidance soon regarding the applicability of the biometrics suspension and biometrics fee. We  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.

This suspension was announced in response to a class action lawsuit by H-4  and L-2 EAD applicants, complaining of the extraordinary processing delays.  Hopefully, the suspension of biometrics will accelerate both  I-539 applications and I-765 EAD applications.

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