Biometrics Fee Exempt for ALL I-539 Applications

 

Yes, that's right -- USCIS just announced today that it will exempt the biometric services fee for all Form I-539s.  Form I-539 is used by foreign nationals to change and/or extend their non-immigrant visa status in the United States. Typically, the I-539 is used to change status to H-4, F-1, B-2, etc.  

As of Oct 1st, the $85 biometric fee will be exempt for all I-539 applications.  The exemption will apply to all I-539 applications post-marked on or after Oct.1st.   Additionally, most applicants who file their I-539 on or after Oct. 1st will not be scheduled for a biometric appointment.

Previously, USCIS has exempt biometric fees and appointments for I-539s requesting an extension of stay in or change of status to H-4, L-2, or E nonimmigrant status through 09/30/2023.  Today's excemption covers all I-539 applications.

Applicants who has filed their Form I-539 prior to Oct. 1st may still be scheduled for an ASC appointment and should still attend that appointment as scheduled. 

It is important to pay the correct filing fees.  Starting Oct. 1st, applications submitted with one check for both the I-539 application fee and the biometric fee will be rejected.  However, applications with a combined credit card payment will not be rejected. In this case, USCIS will only charge the application fee to the credit card.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Biometrics for H-4, L-2 & E Suspended Through 09/30/2023

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.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

USCIS Guidance on Mobile and Remote Biometrics Collection

 

For security reasons, the U.S. Citizenship and Immigration Services (USCIS) generally are required to capture an applicant's biometric information such as fingerprints and photographs before they approve any immigration-related applications. Applicants are required to attend a biometrics appointment at a designated Application Support Center (ASC) near their place of residence. However, there are instances in which the applicant is not able to attend these appointments due to a disability or other physical conditions. Recently, USCIS has issued guidance regarding and remote biometrics collection.

Applicants with Disability or Health Condition

Under this policy, USCIS may provide domestic mobile biometric services for applicants who have a disability or health reason that prevents them from physically appearing in person for their appointment. USCIS may also exercise its discretion to provide domestic mobile biometric services in other limited circumstances. For example, applicants who are located in remote locations may also request for remote biometrics services.

Mobile biometrics services are generally performed by contractors to collect biometrics information from applicants at their locations. If USCIS is not able to provide mobile biometrics collection services due to a person’s remote location, USCIS may also choose to coordinate with local law enforcement agencies or other DHS components to collect biometrics on behalf of USCIS. 

Applicants in Custody

USCIS does not collect biometrics from persons in custody at correctional institutions, regardless of their immigration status. USCIS also does not approve requests to reschedule a biometrics appointment for reason of detention or incarceration. In the case of an incarcerated person, USCIS has an intradepartmental agreement with U.S. Immigration and Customs Enforcement (ICE) to complete background and security checks for individuals who are incarcerated at DHS facilities and applying for benefits with USCIS.

Fingerprint Waivers

Some applicants are not able to provide fingerprints at all because of a medical condition, such as a disability, birth defects, physical deformities, skin conditions, and psychiatric conditions. In these situations, USCIS may grant a fingerprint waiver if the following requirements are met:

1) The applicant or a related party has appeared in person for the biometrics collection; 2) ​An officer or authorized technician attempted to fingerprint the person (or determined that such an attempt was impossible); and 3) ​The officer determines that the person is unable to be fingerprinted at all or is unable to provide a single legible fingerprint.

A fingerprint waiver must be requested and approved for each individual application or petition.   If a waiver is granted, the applicant must still obtain local police clearance letters or other application-specific documentation covering the relevant periods to the immigration interview.  If an applicant is granted a fingerprint waiver or has two unclassifiable fingerprint results, USCIS will take a sworn statement from the person covering the relevant periods for the application.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Fingerprinting Appointments for I-539 Extension and Change of Status

If you filed an I-539 application to change or extend your nonimmigrant status in the United States, you may wonder why you never received an appointment notice for your biometrics appointment.  The USCIS Ombudsman Office has confirmed that USCIS does not send out paper biometrics appointment notices to the applicants by mail for I-539 applications that were filed online.  

The I-539 application is used for a foreign national in the United States to request for a change or extension of his/her nonimmigrant status.  For examples, a B-1 visitor may request for an extension of her stay for a business meeting; a B-2 visitor may need to change his status to F-1 to pursue a university degree, etc. 

Most I-539 applicants have to attend a biometrics appointment (also called an ASC appointment) as part of the application process.  If the I-539 is filed online electronically, USCIS will not mail a paper appointment notice for the ASC appointment. Instead, the applicant must download the notice from his/her USCIS online account.  In fact, an applicant may use their online account to: 

• View and print his/her biometric services appointment notice;
• Receive status updates about the case;
• Respond to Requests for Evidence; and
• Update his/her contact information.

It is advised that the applicants check their online account regularly to ensure that they don't miss important documents or information from USCIS.  Applicants may also sign up for text notifications for case updates.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.) 

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. 

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.) 

USCIS on Rescheduling COVID Biometrics Appointments

Are you still waiting for your fingerprinting appointment notice? Was your biometrics appointment canceled from between April and June due to the pandemic? Have you not heard from USCIS since then? Many applicants are in this same situation and are understandably worried about the state of their applications. 

Recently, USCIS made an announcement to address the delays of biometrics appointments. Many benefits applications such as I-539, I-485, I-765, and N-400 require a biometrics appointment. The unprecedented pandemic has caused cancellations and delays of these appointments at the Application Support Centers (ASC).  USCIS stated that ASC operations are now functioning at around 65% of pre-COVID levels. 

So how long can one expect to wait? There isn't a concrete answer, though a few factors are identified. Some benefit types, though not stated, are prioritized over others based on processing time and demand. USCIS states that they operate mostly on a first-in, first-out basis. This means within a category of application, biometrics rescheduling will be done in the order they were canceled. Other factors affecting wait time are capacity and demand of the relevant ASC.

Note that walk-ins for biometrics are not allowed (except for military) because of COVID-19 restrictions.

For applicants that have done biometrics for a past application, there is a chance that the biometrics can be reapplied and an ASC appointment is not needed. If USCIS decides to do this, they will send the applicant a courtesy I-797 Notice of Action. 

As of this month, USCIS states that there are still about 1.3 million applications awaiting a biometrics appointment.  Hence, though it may seem like your biometrics appointment has been forgotten by USCIS, it is most likely due to the delays that have unfortunately become the new norm.  Applicants should make plans accordingly in light of these delays. 

Proposal to Overhaul the Immigration Biometrics System

Immigrants will have to provide more than their fingerprints very soon under a new plan of the Trump Administration.  The Department of Homeland Security will soon be publishing a proposal to change how biometrics are taken and used for immigration purposes.

Biometrics are an important step in applying for many immigration benefits. Typically sometime after receiving an application, USCIS schedules a time and place for the applicant to go to an application support center and have their fingerprints and picture taken. The captured information is then used in background checks.

The new proposal would allow the use of new collection methods through voice, iris, and facial recognition technology. 

The way biometrics information is used would also change significantly. Its use would expand beyond background checks and into processes such as identity verification and secure document production.

How exactly, and thus how it will affect applicants, is not yet known.  What is clear is that more of immigrants' biometric information and data will be collected by the government. 

For example, DNA tests will also be incorporated as part of the proposed change. They can be used as evidence to establish that a claimed genetic relationship exists or does not exist. For many years, DNA tests have already been used as scientific evidence in building cases such as family petitions, especially when there is sparse other evidence.  The proposal will likely expand their usage and application. 

From what has been announced so far, it seems like biometrics collection and use will be receiving practical upgrades through technology and improved administration processing. The Notice of Proposed Rulemaking should be published soon, meaning more details will be accessible shortly.

USCIS is Using Fingerprints in File for EAD and Travel Document Applications

Due to COVID-19, USCIS advised the public in meetings that existing fingerprints and biometrics in file are being used in I-765 Employment Authorization Document (EAD) applications. Separately, our law office has also received notices from USCIS that it is applying existing fingerprints of applicants in I-131 travel document (e.g., advance parole) applications. 

Hence, applicants  of these applications do not have to attend another biometrics appointment at an Application Support Center (ASC). 

What to expect at a biometrics (ASC) appointment?

More than 22 million foreign born non-citizens live in the United States.  If you are one of them, you probably have filed one or more immigration petitions for yourself or your family members for one reason or another.  It is also inevitable that you are required to attend a biometrics (or ASC) appointment for your immigration petition. 

What is a Biometrics Appointment?
Depending on what stage your application is at, you may have received a notice from USCIS scheduling a time and place to take your biometrics. This means that your fingerprints, pictures, and other information will be collected for the purpose of background investigation.  After the 911 terrorist attacks, the United States government has greatly tightened its security policy.  

Typically, the notice for biometrics or ASC appointment should arrive in the mail within 3-4 weeks after an application has been submitted to the USCIS.   The appointment notice will provide the date, time and place for the biometrics appointment.  If you use the services of a lawyer in filing the application, your lawyer should also receive a copy of the appointment notice.  The appointment is also called an ASC appointment.  ASC stands for Application Support Center.

How to Prepare for an ASC Appointment?
Some applicants wonder how they should prepare for the biometrics appointment. What kind of questions will they be asked? The function of the ASCs are to provide fingerprinting and related services; they are not involved in the actual examination of the immigration application.   Only simple questions about applicants' name, address, date and place of birth, etc., will be asked.  There will be no questions about the substance of the underlying application.

Still, one must take the appointment seriously. Failure to show up for the appointment will result in the denial of the application.  One must bring a valid photo ID such as passport and driver's license with them, in addition to the USCIS appointment notice. (Note: The ASC workers usually ask to see an applicant's passport if it is available. So bring it with you.)   Applicants applying for green card renewals must also bring their original green cards to the appointment.

Try to make it to the appointment if at all possible.  Rescheduling is possible but it is not recommended as it will cause unnecessary delay.

What to expect at the ASC Appointment?

If you live in a metropolitan area, unless you get up before sunrise, you could approach the ASC facility to find a line of people stretching from the door to the end of the block, then finally enter to a room stuffed with people waiting for their number to be called. If you are really lucky (or live in Hawaii), you could walk into a quiet room with a handful of people spread out on rows of vacant chairs.  Follow instructions and go with the flow, and you should be able to get out within a few hours.

VSC Biometrics Notices Delayed Due to System Issues

If you filed any immigration petitions in December 2014 and January 2015 with the Vermont Service Center (VSC) that require fingerprinting, your biometrics appointment notices will likely to come late.  

The VSC has informed AILA that due to technical issues with its biometric scheduling system, there has been a "temporary halt in sending biometrics notices in all cases at VSC with the exception of TPS-related applications."  VSC's developers are working on the problems and biometrics appointment notices are expected to be sent out again starting  February 12, 2015.  (AILA Doc. No. 15020940.)