A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration lawyer. We serve clients in all U.S. states and overseas countries. (All information is not legal advice and is subject to change without prior notice.)

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Tuesday, May 4, 2021

USCIS Expected to Suspend Fingerprinting for H-4, L-2 & E Spousal EAD Applicants

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. 

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