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Practice Alert: USCIS to Suspend Biometrics Requirement for Certain I-539 Applicants Beginning May 17, 2021

AILA Doc. No. 21050437 | Dated May 4, 2021

On May 3, 2021, USCIS announced, through a declaration submitted in the Edakunni v. Mayorkas litigation, that it will suspend the biometrics requirements for certain I-539 applicants for a two-year period 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 they are 1) pending on May 17, 2021, and have not yet received a biometric services appointment notice, and 2) are new applications received by USCIS from May 17, 2021, through May 23, 2022.

AILA understands that USCIS will issue guidance soon regarding the applicability of the biometrics suspension and biometrics fee. We also 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. AILA will continue to monitor the situation and provide any updates necessary.

Edakunni is an active class-action lawsuit filed by AILA and Wasden Banias, LLP challenging H-4 and L-2 adjudication delays.

David Swaim
Managing Partner
David Swaim and Associates, P.C.
Dallas, Texas