USCIS Confirms it will Suspend Biometrics for H-4, L-2, and other Categories

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USCIS introduced as we speak that, starting Could 17, 2021, they are going to droop biometrics necessities for H-4, L-2, and sure E nonimmigrant classes, because the company works to cut back the unprecedented backlog it’s presently confronted with. It’s no secret amongst immigration practitioners (and their affected purchasers) that USCIS has skilled unprecedented delays and that processing occasions have ballooned tremendously throughout nearly all immigrant and nonimmigrant classes in recent times. A part of these processing delays can definitely be attributed to COVID, which precipitated widespread disruption to operations nationwide. Nonetheless, a slightly important contributing issue was the Trump administration’s anti-immigrant agenda, which noticed USCIS and associated companies arrange roadblock after roadblock to these in search of immigration advantages. Requiring biometrics for these people submitting I-539 purposes to alter or lengthen their standing within the above-referenced classes (which beforehand didn’t require biometrics) was one such insidious transfer. In accordance with USCIS estimates, there are presently roughly 123,000 unadjudicated I-539 purposes for H-4 and L-2 spouses!

The company’s announcement of this coverage change is welcome information certainly, and one other step in the correct course to unwind all the injury completed by the earlier administration. It’s set to take impact on 05/17/2021 and stay in place for no less than two years, at which level the USCIS Director can determine to increase or revoke the coverage as he/she sees match. It’s assumed that the $85 biometrics payment that used to beforehand be required by these purposes will not be required as effectively. Extra updates to return as they’re accessible.

Copied from USCIS declaration (no hyperlink accessible right now):

Not too long ago, USCIS has undertaken quite a lot of adjudicative actions to aggressively handle the backlog. Service facilities presently have roughly 120 officers adjudicating Kind I-539 for the H-4 and L-2 classifications with one other 33 officers scheduled for coaching in Could 2021. Prior to now 60 days, service facilities accomplished roughly 25,000 associated to H-4 and L-2 spouses.
Moreover, USCIS is finalizing a coverage that may quickly droop biometrics submission necessities for people submitting Kind I-539 to request an extension of keep in or change of standing to H-4, L-2 and sure E nonimmigrants as a result of prolonged processing occasions ensuing from restricted ASC capability resulting from ongoing COVID-19 well being and security protocols.
Anticipated to start on Could 17, 2021, the brand new coverage suspending biometrics submission necessities for the H-4, L-2 and E nonimmigrants is meant to be in impact for twenty-four months, and is meant to robotically expire after Could 17, 2023, topic to affirmative extension or revocation by the USCIS Director.
The suspension of biometrics is meant to use solely to H-4, L-2 and E-1, E-2 and E-3 classes of Kind I-539 purposes which might be pending as of the efficient date of the coverage and haven’t but obtained a biometric companies appointment discover, and new purposes obtained by USCIS after the efficient date of the coverage by means of the said expiration date, topic to affirmative extension or revocation by the USCIS Director.
I-539s for the H-4 and L-2 classes will usually be assigned for adjudication primarily based on submitting date, a course of referred to as First In First Out (“FIFO”). The FIFO methodology permits candidates who filed earlier in time to order their place within the queue primarily based on the receipt date of the respective software. Though service facilities try for comparable processing occasions, there could also be deviations from strict FIFO coverage primarily based on particular person middle workloads, expedite requests and different mitigating circumstances.