The USCIS has announcedthat it will temporarily suspend the biometrics requirements for H-4, L-2, E-1,E-2, and E-3 applicants. The suspension will last from May 17, 2021 until May 17,2023, and will apply to H-4, L-2, E-1, E-2, and E-3 applicants with a pendingForm I-539 who have not yet received a biometrics appointment notice as of May17, 2021, and new applications for H-4, L-2, E-1, E-2, and E-3 received byUSCIS from May 17, 2021 until May 17, 2023.
Applicants who receive a biometricsappointment notice before May 17, 2021 should plan to attend the appointment.Additionally, the USCIS retains the discretion to require biometrics on acase-by-case basis for any applicant. The USCIS is not expected to refund the$85 biometrics fee for applicants who are not required to attend the biometricsappointment.
The USCIS’s announcement comes as partof an ongoing lawsuit over long processing times for H-4 and L-2 employmentauthorization documents (EAD). It is hoped that the suspension of the biometricsrequirements will help to address the backlog of pending Form I-539s andassociated EAD applications.