Biometrics Requirement to be Waived for Some I-539 Applicants
USCIS Suspends Biometrics Requirement for H-4, L-2, and E Dependents
On May 3, 2021, USCIS Acting Associate Director Aria Vatankhah confirmed that the agency was finalizing a significant policy change: the suspension of the biometrics requirement for H-4, L-2, and E visa dependents. This suspension officially began on May 17, 2021, and was set to remain in effect for two years, expiring on May 17, 2023.
The change was introduced to help reduce the severe processing delays impacting both Form I-539 applications (used to extend or change nonimmigrant status) and Form I-765 applications (employment authorization requests). According to sworn testimony on May 3,
there were nearly 123,000 I-539 petitions for H-4 and L-2 spouses pending in the backlog, along with approximately 57,500 I-765 applications.
These long delays caused major hardships, particularly during the height of the COVID-19 pandemic. Many affected nonimmigrants faced job losses and financial instability, with reports showing that more than 91,000 individuals lost their employment while waiting for their work authorization extensions. Several lawsuits were filed challenging USCIS policies during this period.
What is the Biometrics Requirement?
The biometrics requirement, first implemented by USCIS in 2019, obligated applicants to provide fingerprints, photographs, and a digital signature as part of their application process. While intended to strengthen identity verification, this requirement created significant bottlenecks and delays when appointment availability dropped during the pandemic.
Who Qualifies for the Suspension?
The suspension of the biometrics requirement applies to:
- H-4, L-2, E-1, E-2, and E-3 dependents with pending Form I-539 applications as of May 17, 2021, if they had not yet received a biometrics appointment notice.
- New I-539 applications filed between May 17, 2021, and May 17, 2023.
It is important to note that if you already received a scheduled biometrics appointment, USCIS advised applicants to attend as planned. The purpose of the policy was to ease processing backlogs, not cancel existing appointments. USCIS also indicated that further details about this suspension and the associated biometrics fee would be released in its official policy statement.
How Green Card Link Can Help
At Green Card Link, we understand the stress and uncertainty that immigration backlogs and policy changes can create for families and professionals. If you or your dependents are affected by these biometrics requirements—or are experiencing challenges related to H-4, L-2, or E-dependent visa applications—our experienced team is here to guide you.
We specialize in helping clients navigate complex USCIS processes, reduce delays where possible, and ensure applications are filed accurately and strategically. Contact Green Card Link today for a consultation to explore your options and take the next step toward securing your future in the United States.