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USCIS Extends Temporary Suspension of Biometrics Submission for Certain Form I-539 Applicants

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USCIS has extended the temporary suspension of the biometrics submission requirement for certain applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, requesting an extension of stay in or change of status to H-4, L-2, or E nonimmigrant status. The previously announced suspension, which was initially in place until May 17, 2023, has been extended through Sept. 30, 2023.

We will allow adjudications for those specific categories to proceed based on biographic information and related background checks, without capturing fingerprints and a photograph. However, we retain discretion, on a case-by-case basis, to require biometrics for any applicant, and applicants may be scheduled for an application support center appointment to submit biometrics.

As a reminder, if you are a Form I-539 applicant meeting the biometrics suspension criteria, you do not need to submit the $85 biometric services fee for Form I-539 during the suspension period. We will return a biometric services fee if submitted separately from the base fee and will reject paper Form I-539 applications if you meet the above criteria and submit a single payment covering both the filing fee and the $85 biometrics services fee. If we reject the paper application because you included the $85 biometrics service fee, you will need to re-file Form I-539 without the biometric services fee.

As mentioned in the USCIS Fiscal Year 2022 Progress Report, we plan on establishing a permanent biometrics exemption for all Form I-539 applicants in the coming months. For additional information on the temporary suspension, please see the 2021 announcement.

This article is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances.  For a comprehensive evaluation of your immigration situation and options, 

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