USCIS released a statement today May 13, 2021, regarding the suspension of in-person biometrics for applicants requesting an extension of status (EOS) or change of status (COS) to H4, L2, and E nonimmigrant status.

What You Need To Know

This temporary suspension will apply to applicants filing Form I-539 requesting EOS OR COS for the following:

  • H-4 nonimmigrant status
  • L-2 nonimmigrant status
  • E-1 nonimmigrant status

E-2 nonimmigrant status (including E-2C (E-2 CNMI Investor))

  • E-3 nonimmigrant status (including those selecting E-3D)

This suspension will apply to only the above-listed categories that are either:

  1. Pending as of May 17, 2021, and have NOT YET received a biometrics appointment notice

OR

  1. New applications postmarked or submitted electronically on or after May 17, 2021.

This temporary suspension will apply through May 17, 2023. USICS still retains the discretion on a case-by-case basis to required biometrics for applicants who fall in the above-listed category. Therefore, if you are applying under those categories and receive biometrics notice, you must attend accordingly.

Starting May 17, 2020, Form I-539 Applicants meeting the above criteria are not required to submit biometrics service fees during the suspension period (until May 17, 2023.) USCIS has stated they will return a biometric services fee if submitted separately from the base fee. In other words, separate checks have been sent for the I-539 filing of $370 and biometrics fee of $85 per applicant. Starting May 27, 2021, USCIS will reject cases that meet the above category filed with biometrics fees. Therefore, Applicants filing for EOS or COS to H4, L2, and E nonimmigrant status need to only submit $370 for the USCIS filing fee.

This will have a significant impact on the processing of H4, H4 EAD, and L2 cases. It will provide sufficient time for USCIS to address the processing delays that have been exacerbated by limited ASC capacity due to COVID-19 health and safety protocols.

As always, if you have any specific questions concerning your case, feel free to reach out to us at ILBSG. We work with you to ensure you Get The Right Advice®.

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