USCIS ELIMINATES BIOMETRIC SERVICES FEE FOR ALL FORM I-539 APPLICANTS

The U.S. Citizenship and Immigration Services (USCIS) announced it will be permanently eliminating the biometrics service fee, $85.00, when filing Form I-539, Application to Extend/Change Nonimmigrant Status. Previously, USCIS had temporarily suspended biometric services fees for only H-4, L-2, and E applicants.

Effective October 1, 2023, all applicants who file Form-I-539 to extend or change their nonimmigrant status will no longer be required to submit a biometrics service fee as part of the application process. If an applicant mistakenly submits the biometric services fee, USCIS will issue the applicant a refund.

Further, USCIS has stated that most applicants who file Form-I-539 after Oct. 1st will not be scheduled to attend a biometric services appointment. If USCIS determines that biometrics are required, the applicant will receive a notice with information about appearing for their biometric services appointment. If an applicant has already been scheduled to appear for a biometrics services appointment, the applicant should still attend the appointment as scheduled.

USCIS Temporarily Suspends Biometrics Requirements for H-4 and L-2 Applicants

The USCIS has announced that it will temporarily suspend the biometrics requirements for H-4, L-2, E-1, E-2, and E-3 applicants. The suspension will last from May 17, 2021 until May 17, 2023, and will apply to H-4, L-2, E-1, E-2, and E-3 applicants with a pending Form I-539 who have not yet received a biometrics appointment notice as of May 17, 2021, and new applications for H-4, L-2, E-1, E-2, and E-3 received by USCIS from May 17, 2021 until May 17, 2023.

Applicants who receive a biometrics appointment notice before May 17, 2021 should plan to attend the appointment. Additionally, the USCIS retains the discretion to require biometrics on a case-by-case basis for any applicant. The USCIS is not expected to refund the $85 biometrics fee for applicants who are not required to attend the biometrics appointment.

The USCIS’s announcement comes as part of an ongoing lawsuit over long processing times for H-4 and L-2 employment authorization documents (EAD). It is hoped that the suspension of the biometrics requirements will help to address the backlog of pending Form I-539s and associated EAD applications.