U.S. Citizenship and Immigration Services extended the temporary suspension of the biometrics submission requirement for certain Form I-539 applicants.

Key Points:

  • The previously announced suspension, which was initially in place until May 17, 2023, has been extended through Sept. 30, 2023.
  • This suspension applies to applicants filing Form I-539 requesting:
    • 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)).
    • Extension of stay in or change of status to E-3 nonimmigrant status (including those selecting E-3D).
  • Form I-539 applicants who have already received a biometric services appointment notice should attend their scheduled appointment. The agency reiterated that it retains the right to request biometrics and schedule appointments on a case-by-case basis.
  • Form I-539 applicants who meet the biometrics suspension criteria do not need to submit the $85 biometric services fee for Form I-539 during the suspension period.

Additional Information: USCIS stated that it plans to establish a permanent biometrics exemption for all Form I-539 applicants in the coming months. More information regarding this plan is available in the USCIS Fiscal Year 2022 Progress Report.

This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

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