No More Biometrics Fee for I-539 applicants

Admin
October 18, 2023
03 Comments

In a noteworthy step, the U.S. Citizenship and Immigration Services (USCIS) has introduced a new policy change that is set to benefit applicants filing Form I-539, which is the Application to Extend/Change Nonimmigrant Status. Starting October 1, 2023, USCIS has eliminated the biometric service fee, streamlining the application process for many individuals seeking to extend or change their nonimmigrant status within the United States.

Background

During the previous administration, the Executive Order EO 13780, titled "Protecting the Nation from Foreign Terrorist Entry into the United States," was implemented with the primary objective of safeguarding the United States from potential threats posed by foreign terrorists and individuals. As part of this Executive Order, USCIS updated the I-539 form and began collecting biometric information to enhance screening and vetting processes specifically for national security purposes.

Since the introduction of biometric data collection for Form I-539 by USCIS in March 2019, there were several logistical challenges that led to increased processing times for anyone filing Extensions for Change of Status (COS) using Form I-539. Most affected by these delays were H4 and L2 visa holders, who faced employment restrictions and lost jobs.

In 2021, USCIS reached a settlement as part of the H4, L2 processing delay litigation, resulting in suspending the biometrics requirements for H4, L2, and E visa filings for a limited period. Later, in April 2023, this suspension was extended till September 30, 2023.

USCIS, as outlined in their Fiscal Year 2022 Progress Report, expressed their intention to eliminate the biometrics requirement for the I-539 form. The recent announcement to waive the biometric services fee aligns with their previously stated plan.

Policy Highlights

• Starting from October 1st, the $85 biometric services fee is exempted as part of the application process for Form I-539, Application to Extend/Change Nonimmigrant Status.
• Applicants are not required to pay this fee if their application is postmarked on or after October 1st. However, certain applicants who submit Form I-539 prior to October 1st will still be scheduled for an ASC appointment and should attend as scheduled.
• In most cases, applicants will not be scheduled for biometric services appointments. Nevertheless, if USCIS deems it necessary to collect biometrics, the applicant will receive a notice containing instructions for attending the biometric services appointment.
• If an applicant mistakenly submits the biometric services fee separately from the Form I-539 fee, the biometric fee will be refunded, and the Form I-539 will be accepted.
• If an applicant inadvertently combines the biometric services fee with the paper-based Form I-539 filing fee, this is considered an improper filing, and the Form I-539 will be rejected.
• If an applicant unintentionally authorizes a credit card payment that includes both the biometric services fee and the application fee, USCIS will accept the application and only charge the application fee.

Impact of the Biometrics Collection Policy Change

The policy change implemented by USCIS, discontinuing the collection of biometrics and related fees for most I-539 applicants, is expected to have a significant positive impact on the processing time of I-539 forms. Earlier, only H4, L2 and E visa applicants benefited from this policy. However, starting October 1st, 2023, this change is anticipated to alleviate processing time backlogs for the I-539 form.

If we check the USCIS historical average processing time for the I-539 form in 2018, it was 3.4 months. However, with the introduction of biometrics, the processing time continued to increase and reached an all-time high of 9.6 months in FY2021. Here's a snapshot of the USCIS historical median processing times: