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. Form I-539 applicants who have already received a biometric services appointment notice should still attend their scheduled appointment.
USCIS has issued guidance regarding the applicability of the biometrics suspension and biometrics fee. Effective May 17, 2021, Form I-539 applicants meeting the criteria above are not required to submit the $85 biometric services fee for Form I-539 during the suspension period. USCIS will return a biometric services fee if submitted separately from the base fee.
Importantly, USCIS will allow a short grace period during which USCIS will not reject Form I-539 filed with the biometric services fee. USCIS will begin rejecting paper Form I-539 applications postmarked May 27, 2021, or later (while this suspension of the biometrics requirement is in effect), if applicants meeting the above criteria submit a single payment covering both the filing fee and the $85 biometrics services fee..
Edakunni is an active class-action lawsuit filed by the American Immigration Lawyers Association (AILA) and the law firms Wasden Banias, LLP and Reddy Neumann PC, challenging H-4 and L-2 adjudication delays.
Speak with your attorney at Goldblum & Pollins to determine if you are impacted by this change, and for continued updates.