U.S. Citizenship and Immigration Services (USCIS) has officially announced the temporary suspension of the biometrics submission requirement for certain Form I-539 applicants. The change takes effect May 17.

Key Points:

  • This suspension will apply 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).
  • The temporary suspension will only apply to Form I-539 applications if they are (1) pending as of May 17 and the applicant has not received a biometric services appointment, or (2) filed on or after May 17.
  • Form I-539 applicants who have already received a biometric services appointment notice should attend their scheduled appointment. The agency also said it would retain discretion to request biometrics on a case-by-case basis.
  • The suspension will apply until May 17, 2023, unless extended or revoked by the USCIS director.

Background: USCIS disclosed plans for the new biometrics policy last week in a filing in Edakunni v. Mayorkas.

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

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