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 H-4, L-2, and E-1, E-2, and E-3 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.
USCIS has indicated that it will issue guidance regarding the applicability of the biometrics suspension and biometrics fee. It is expected that USCIS will not require a biometrics fee for filings made during the effective period for the listed categories, but that USCIS will not refund any fees already paid.
Edakunni v. Mayorkas is an active class-action lawsuit filed by AILA and Wasden Banias, LLP challenging H-4 and L-2 adjudication delays.
Alka Bahal is a Partner and the Co-Chair of the Immigration Practice of Fox Rothschild LLP, specializing in corporate immigration law and compliance. Alka is situated in Fox Rothschild’s Morristown, New Jersey office though she practices throughout the United States and at Consulates worldwide. You can reach Alka at (973) 994-7800, or firstname.lastname@example.org.