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June 8, 2021

USCIS temporarily suspends biometrics requirement for L-2 and H-4 applicants

As I-539 processing times continue to grow, U.S. Citizenship and Immigration Services (USCIS) has made a key adjustment to its adjudication process. Effective May 17, 2021, USCIS temporarily suspended the biometrics submission requirement for certain applicants filing Form I-539 requesting an extension of stay or change of status in multiple nonimmigrant classes, including H-4 and L-2 non-immigrants. These cases will now be processed on the basis of biographic information and related background checks, circumventing the need for fingerprints and photographing. This suspension will be in effect until May 17, 2023. USCIS has stated that it will continue to monitor processing times and may adjust or extend this suspension as circumstances change.

A Tax Alert prepared by EY Law LLP, and attached below, provides additional details.


Full text of Tax Alert