USCIS Suspends Biometrics Requirement for Certain I-539 Applicants

In a declaration that was submitted by Acting Associate Director of Service Center Operations Connie Nolan in the Edakunni v. Mayorkas litigation (a class-action lawsuit filed by AILA and Wasden Banias to challenging H-4 and L-2 adjudication delays), USCIS stated that beginning on May 17, 2021, it would be implementing a new policy suspending the biometrics requirements for H-4, L-2, and E-1, E-2, and E-3 nonimmigrants.  

This new policy applies to the previously mentioned nonimmigrant categories if their Form I-539 was pending on May 17, 2021, and they haven’t received a biometrics notice yet, and 2) to any new I-539 applications received by USCIS between May 17, 2021 and May 23, 2022. This policy will be in place for 2 years and should automatically expire after May 17, 2023, but may be extended or revoked by the USCIS Director. 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. However, USCIS will not refund any biometrics payments already made. 

(Credit to: Practice Alert: USCIS to Suspend Biometrics Requirement for Certain I-539 Applicants Beginning May 17, 2021)