USCIS is expected to suspend biometrics appointments for I-765 applications filed by H-4, L-2, and E spouses applying for EADs. Based on court filings by USCIS in a Washington federal lawsuit (Edakunni et al v. Mayorkas, 2:21-cv-00393) brought by EAD applicants challening lengthy processing time of the I-765 applications.
Suspension of biometrics requirement is expected to be made avaliable to I-765 applications filed between 05/17/2021 and 05/23/2022. Applications pending as of May 17, 2021 and have not yet been scheduled for biometric appointments are also expected to be covered.
The policy change makes a lot of sense. Currently the principal applicants (e.g., L-1A, H-1B, etc.) are not required to undergo biometrics appontments. There is no reason why their spouses must be subject to more stringent security requirements.
However, it is important for applicants to continue attending any scheduled biometrics appointments until a formal announcement has been made by USCIS.
Update (05/13/2021): USCIS formally announced suspension of the biometrics requirements for the above-mentioned dependent applicants' I-539 applications effective May 17, 2021. Biometrics fee for these applications is also suspended accordingly.
(Immigration laws and policies change regularly. If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.)
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