USCIS announced today that it is extending suspension of the biometrics submission requirement for certain dependent applications through 09/30/2023. Suspension was previously scheduled to end on 05/17/2023. Specifically, biometrics are not required for applicants filing Form I-539 requesting an extension of stay in or change of status to H-4, L-2, or E nonimmigrant status. Applicants should not pay the $85 biometrics fee in connection with these applications.
American Immigration
Lawyers Association (AIlA) reports that DHS has entered into an agreement with
AILA and its litigation partners that provides structural changes for H-4 and L-2 spouses in so
far as their Employment Authorization Document (EAD) is concerned:
H-4
Spouses Will Get 180-day Automatic Extension of EAD
USCIS will offer 180-day automatic
extension of EAD in the I-797 filing receipt notice provided:
- H-4 applicant has an unexpired I-94
showing H-4 status
- Filed a timely I-765 EAD extension
application
- The extension will end on the earliest
of: End date of H-4 status, 180 days from the expiration date of the
previous EAD, and the decision date (approval or denial) of the I-765
application.
L-2
Spouses Will be Authorized to Work Without EAD
USCIS will issue policy guidance that
states that L-2 spouses are employment authorized incident to status. The
CBP will revise the I-94 form to show that applicant is a L-2 spouse so that
can be used as Section C document for I-9 purposes.
The settlement provides that DHS/USCIS
will have 120 days to implement that above changes.
Applicants should stay tuned for further announcement.
This
settlement is the result of litigation based on long delayed processing times
for the processing of applications for employment authorization. (Shergill, et al. v. Mayorkas, 11/10/21)
