USCIS Removes Biometrics for H4, L2 Visa I-539 form filings

In early May 2021, USCIS mentioned as part of H4, L2 Processing Delays Lawsuit that they plan to suspend Biometrics for H4, L2, and E Visa filings for a couple of years. USCIS released an official press release on May 13^th, 2021, confirming the same. Also, on April 19th, 2023, USCIS released another press note indicating that they are extending the biometrics suspension further. Eventually, on September 25th, 2023, they announced their plans to remove biometrics for everyone using I-539 form starting from October 1st, 2023.

This article covers all the details from the press release, how they will handle fee, who it applies to, and other common FAQs based on the same.

Background: Biometrics for I-539 Form – H4, L2 filings : Delays, Lawsuit

USCIS introduced the biometrics requirement for I-539 Form in March 2019 as part of executive order 13780 by previous President Trump.  Due to this change, H4, L2, E, and other visa types that use form I-539 form for Extensions and Change of Status (COS) applications had to give biometrics at an Application Support Center(ASC) for their application to be adjudicated.

Due to the COVID situation, many of the ASCs were closed from March 2020 and many of the H4, L2 visa holders could not give biometrics. Due to the closure of ASCs, it caused an extensive amount of delays to give biometrics and H4, L2 processing times increased to about 17 to 20 months.  Below is a snapshot of historical processing times tracked by VisaGrader – H4 Processing Times from late 2020 until mid 2021 and most recent updated one from mid-2022 until April 2023

If you see the below-updated processing times for H4, they definitely have improved and are down to anywhere from 5 to 7 months for California Service Center, but not yet ideal.

Due to these delays, many H4, and L2 visa holders lost jobs as they could not get their Employment Authorization Documents(EAD) on time with pending H4, L2, and E visa extensions & COS applications.  Also, USCIS does not give 180 days Automatic Extension for EAD Category Codes for H4, L2, E Visas. So, this did not help with the delays and many lost jobs.

Many of the impacted H4, L2, and E Visa holders due to these delays by USCIS went to court and filed a class action lawsuit represented by AILA and Wasden Banias.  The USCIS announcement to suspend biometrics is one of the outcomes of the lawsuit to reduce the delays and speed up the processing of the H4, L2 and E visa applications.

Now that you have the background on why the biometrics are suspended let’s dive into the USCIS press release details and guidance by them.

News: Biometrics Fee Exemption, Removal from October 1st, 2023

USCIS update from September 25th, 2023

• USCIS announced in a press release that they would be removing the biometrics requirements for most of the applicants who file I-539 form, this includes H4, L2 and E visa holders, who had the biometrics suspension until September 30th, 2023.
• USCIS says applicants do not need to send the biometrics fee starting from Oct 1st, 2023. If they send the biometrics fee check by mistake separately they will return the same. But, if the applicant sends a combined check for both the application fee of I-539 and Biometrics then they will reject the application as wrong filing and applicant has to re-submit the application.
• This change of removal of biometrics for most is part of their annual report and commitment given by them in the past.
• Based on their discretion, USCIS may send the biometrics appointment letter to some, in which case, the applicant has to attend.
• You can read full summary at USCIS removes Biometrics & its Fee for most from October 1st, 2023.
• Below is the official press release screenshot

Update: Biometrics Suspension Extended until Sep 30th, 2023

USCIS update from April 19th, 2023

• USCIS extended the suspension of biometrics requirements for H4, L2, and E Visa holders filing Form I-539 until September 30th, 2023. It was supposed to end on May 17th, 2023.
• What it means is that H4, L2, and E visa holder filing for Extension or Change of Status(COS) using form I-539 do not have to give biometrics by going to an ASC. Also, these applicants do not need to submit the $85 biometrics fee as well, if they file before September 30th, 2023
• There are no changes to the conditions and clauses set by USCIS, it is purely an extension of the date. For full details of the actual conditions and how it works, read the next section
• Below is the screenshot of the official USCIS press release for the same.

Also, USCIS is planning to completely remove the Biometrics requirement for Form I-539 in the future. They have indicated this in their Annual report for FY 2022. See the below screenshot. So, hopefully, this requirement will be removed altogether soon.

Temporary Suspension of Biometrics for H4, L2, E Visa using I-539 Form

USCIS has suspended Biometrics for H4, L2 and E visa holders who filed Extension of Stay(EOS) or Change of Status (COS) starting from May 17^th, 2021.  Below is summary of all changes related to the same:

• No fingerprints, Photo at ASC : Anyone filing for H4, L2, E Visas (E1, E2, E3) Extensions or COS using Form I-539 after May 17^th, 2021 do not have to give fingerprints and take photo at Application Support Centers (ASCs). They do not have to go to ASCs and fill out Application Information Worksheet(AIW).
• Dependent Children : The suspension of Biometrics also applies to H4 Dependent Children as well, in addition to the H4 Spouses.
• 2 Years Suspension : The Biometrics suspension is temporary and will last for 2 years from May 17^th, 2021 until September 30th, 2023. The reason for 2 year suspension is to address the current delays due to ASC openings and pending H4, L2, and E visas applications.
  • Updated: Originally, it was supposed to end on May 17th, 2023, but USCIS extended it till Sep 30th, 2023.
• Pending & No Appointment notice : The biometrics suspension applies to all pending applications as of May 17^th, 2021 and who have not received H4, L2 biometrics appointment notice.
• Discretion for Biometrics : USCIS has discretion on a case-by-case basis to ask applicants to submit biometrics.
• Received Biometrics Appointment Notice : If anyone has received Biometrics Appointment notice for their H4, L2 or E filing, they must still attend their scheduled appointment at an ASC.
• Biometrics Fee Payment : No need to submit $85 Biometrics fee for H4, L2, E visa applications filed for Extensions and COS from May 17^th, 2021 until Septmber 30th, 2023.
• Biometrics Fee Refund : If you have submitted Biometrics fee separately in a check, USCIS will refund the Biometrics fee for H4, L2 and E visa applications for COS, extensions.
• Rejecting I-539 with Biometrics Fee : USCIS will reject I-539 paper based forms filed for H4, L2, E visas extensions or COS starting from May 27^th, 2021 or later, if applicants submit the application filing fee and Biometrics fee combined in one check.  If USCIS rejects the application for the incorrect fee, then the applicant need to re-file form I-539
• Adjust or Extend Suspension of Biometrics : USCIS will monitor the situation and ASC Capacity, processing times for I-539 and then may extend the suspension of Biometrics or adjust them as needed as things change.
• Official News Link :
  • Year 2023: USCIS updated Press release with extension of the date
  • Year 2021: USCIS Official News Release for Biometrics Suspension

Common FAQs

What do you think of the removal of Biometrics for H4, L2 and E Visa applications? Do you think, it will really get things back to normal? Share your thoughts in the comments below.