May 5, 2021
As part of the ongoing class action litigation challenging unprecedented delays in certain Applications to Extend Nonimmigrant Status, USCIS has now announced a 2-year suspension of the biometrics requirement for H-4, L-2, E-1, E-2, and E-3 Applications to Extend/Change Nonimmigrant Status (Forms I-539) beginning on May 17, 2021. The suspension will apply to any Forms I-539 which are pending as of May 17, 2021 (and have not yet been issued a Biometrics Notice as of that date) and also to any new Forms I-539 received by USCIS between May 17, 2021 and May 23, 2022. We expect USCIS to issue further guidance in the coming days regarding biometrics fees during this suspension. At this time, we do not expect that USCIS will issue refunds for previously submitted biometrics fees.
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