Important Updates
Important Updates
December 8, 2025 | CanadaCanada: New Express Entry Category and Immigration Measures for Foreign Doctors Announced
December 9, 2025 | United KingdomUnited Kingdom: Naura Moved to Visa National List
December 9, 2025 | United StatesUnited States: CBP Plans Changes to the ESTA Application Process, Including Social Media Review
December 9, 2025 | United StatesUnited States: December 2025 DOL PERM and PWD Processing Times
December 8, 2025 | AustraliaAustralia: New Mobile App for Biometrics Collection for Certain Eligible Visa Applicants
December 8, 2025 | CanadaCanada: New Express Entry Category and Immigration Measures for Foreign Doctors Announced
December 9, 2025 | United KingdomUnited Kingdom: Naura Moved to Visa National List
December 9, 2025 | United StatesUnited States: CBP Plans Changes to the ESTA Application Process, Including Social Media Review
December 9, 2025 | United StatesUnited States: December 2025 DOL PERM and PWD Processing Times
December 8, 2025 | AustraliaAustralia: New Mobile App for Biometrics Collection for Certain Eligible Visa Applicants
December 8, 2025 | CanadaCanada: New Express Entry Category and Immigration Measures for Foreign Doctors Announced
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

United States: Starting October 1, USCIS Eliminates Biometrics Fee and Routine Biometrics Collection for I-539 Applicants

September 25, 2023

insight-news-default

Country / Territory

  • United StatesUnited States

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • Form I-539 applications to change or extend nonimmigrant status that are postmarked on or after October 1, 2023 will not require a biometrics fee and in most cases, will not be scheduled for a biometrics appointment.
  • USCIS is following through with its previously stated commitment to remove biometrics collection as a standard requirement for the Form I-539 process.
  • In some cases, USCIS may still determine that biometrics are required, so applicants should attend any scheduled biometrics appointments.

A closer look

U.S. Citizenship and Immigration Services (USCIS) is eliminating the biometrics fee and the routine collection of biometrics (fingerprints and photo) for any Form I-539 application to change or extend nonimmigrant status that is postmarked on or after October 1, 2023. Applications filed on or after that date should include a Form I-539 filing fee only. However, USCIS reserves the right to require biometrics on a case-by-case basis if deemed necessary, and Form I-539 applicants should attend any biometrics appointments that are scheduled for them by USCIS.

Background on the Form I-539 biometrics policy

USCIS began collecting biometrics from Form I-539 applicants in March 2019 under the Trump administration. Processing times increased for these applications and for any corresponding H-4, L-2, and E spousal work authorization. As a result of negotiations in a lawsuit challenging lengthy processing delays for H-4 and L-2 applicants (Edakunni, et al. v. Mayorkas), USCIS temporarily suspended biometrics collection for H, L, and E derivatives for a period from May 17, 2021 through September 30, 2023. During this time, affected I-539 applications are adjudicated using biographic information and background checks, as was agency policy prior to March 2019. Today’s USCIS announcement extends that policy to all Form I-539 applicants as a permanent policy change, starting October 1.

In several public statements within the last year, USCIS has confirmed its plan to permanently eliminate the biometrics requirement for all Form I-539 applicants. The policy change was announced in the USCIS Fiscal Year 2022 Progress Report, released in December 2022, and then in April 2023, when the agency extended its H-4/L-2/E dependent biometrics suspension to September 30, 2023.

Implementation of the new policy

Forms I-539 postmarked on or after October 1, 2023 should include a Form I-539 only; a biometrics fee should not be included. However, USCIS has provided guidance on how it will handle applicant errors in biometrics fee payment on or after October 1, as follows:

  • If an applicant mistakenly submits the biometric services fee and the payment is submitted separately from the Form I-539 fee, USCIS will return the biometric services fee and accept the Form I-539.
  • If an applicant mistakenly submits the biometric services fee and the payment is combined with a paper-based Form I-539 filing fee, this is considered an incorrect filing and USCIS will reject the Form I-539.
  • If an applicant mistakenly authorizes a credit card payment that combines the biometric services fee with the application fee, USCIS will accept the application and only charge the application fee. 

What this means for foreign nationals

The change in biometrics policy will alleviate some of the processing backlogs that face the full range of I-539 applicants, including B, TD, and O and P dependents. It will also continue to alleviate the backlogs for I-539 applicants already benefitting from a temporary suspension – those seeking H-4, L-2, and E derivative changes of status and extensions of stay – whose temporary biometrics suspension had been due to expire on September 30, 2023. For these individuals, faster Form I-539 adjudication also impacts any corresponding work authorization that depends on their spousal nonimmigrant status.  

It is important to note that Form I-539 applicants who receive a USCIS biometrics appointment notice even after the change in policy should attend their appointment. USCIS may have utilized its discretion to require biometrics for their individual application, and failure to attend a biometrics appointment can result in the application being deemed abandoned.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

UK Expands HPI Visa: What’s New in 2025

The UK expands its High Potential Individual (HPI) visa for 2025, broadening eligibility for global graduates and entrepreneurs while introducing new requirements and application caps

Learn more

Video

UK Widens Access to the High Potential Individual Visa to Attract the World’s Top Graduate Talent | #MobilityMinute

The latest Mobility Minute features Manager Alex Hood discussing recent updates to the UK’s High Potential Individual route, including expanded university eligibility, a new annual cap and modernized governance measures.

Learn more

Media mentions

International Organisation of Employers: The Gulf Experience: Building a Skilled Workforce in the UAE

Managing Partner for the Middle East and Africa Murtaza Khan discusses how the UAE’s flexible migration policies attract talent and support a competitive labour market.

Learn more

Media mentions

Times of India: US to Scan Social Media of All H-1B, H-4 Visa Applicants from December 15

Senior Counsel Mitch Wexler notes that the US expansion of social-media screening to H-1B and H-4 visa applicants will involve a more detailed review of their online activity.

Learn more

Media mentions

Forbes: Unprepared Companies At Risk In H-1B Visa Immigration Crackdown

Partner Edward Raleigh highlights the need for companies to prepare for increased H-1B enforcement and ensure compliance with US worker requirements.

Learn more

Video

United States: 2025 Holiday Travel Guidelines for Foreign Nationals | #MobilityMinute

In this Mobility Minute, Associate Rebeca Lafond outlines key considerations for international travel to the United States during the holiday season, including documentation requirements, visa processing expectations and enhanced screening on entry.

Learn more

Media mentions

Bloomberg Law: Labor Department Expands H-1B Oversight, Tests Enforcement Power

Partner K. Edward Raleigh explains that the Department of Labor’s Project Firewall expands H-1B oversight beyond individual complaints and increases the scope of employer compliance reviews.

Learn more

Media mentions

Leading Britain's Conversation: Is Settlement Reform Rewarding Contribution or Rewriting the Rules of Fairness and Trust?

UK Government Affairs Strategy Director Shuyeb Muquit examines how proposed settlement reforms could reshape the path to UK residency by extending qualifying periods and linking eligibility to individual contribution.

Learn more

Podcast

Canada's Healthcare Staffing Solution

Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi discuss critical immigration strategies underpinning healthcare-sector staffing in Canada, unpacking how recent policy, mobility and compliance developments are affecting employers and global talent pipelines.

Learn more

Awards

Fragomen Named Private Client Team of the Year at The British Legal Awards 2025

Fragomen named Private Client Team of the Year at The British Legal Awards 2025, recognising the strength of our UK Private Client practice.

Learn more

Media mentions

Global Mobility Lawyer: Rising Immigration Fraud Creates New Compliance Challenges for US Firms

Partner Daniel Brown highlights rising deceptive practices in immigration and emphasizes stronger verification and compliance measures for employers.

Learn more

Media mentions

The Caterer: Casual Staff to Come Under New Right to Work Check Legislation

Senior Manager Louise Senior highlights how proposed UK reforms could expand right to work checks across hospitality and reshape compliance for businesses.

Learn more

Blog post

UK Expands HPI Visa: What’s New in 2025

The UK expands its High Potential Individual (HPI) visa for 2025, broadening eligibility for global graduates and entrepreneurs while introducing new requirements and application caps

Learn more

Video

UK Widens Access to the High Potential Individual Visa to Attract the World’s Top Graduate Talent | #MobilityMinute

The latest Mobility Minute features Manager Alex Hood discussing recent updates to the UK’s High Potential Individual route, including expanded university eligibility, a new annual cap and modernized governance measures.

Learn more

Media mentions

International Organisation of Employers: The Gulf Experience: Building a Skilled Workforce in the UAE

Managing Partner for the Middle East and Africa Murtaza Khan discusses how the UAE’s flexible migration policies attract talent and support a competitive labour market.

Learn more

Media mentions

Times of India: US to Scan Social Media of All H-1B, H-4 Visa Applicants from December 15

Senior Counsel Mitch Wexler notes that the US expansion of social-media screening to H-1B and H-4 visa applicants will involve a more detailed review of their online activity.

Learn more

Media mentions

Forbes: Unprepared Companies At Risk In H-1B Visa Immigration Crackdown

Partner Edward Raleigh highlights the need for companies to prepare for increased H-1B enforcement and ensure compliance with US worker requirements.

Learn more

Video

United States: 2025 Holiday Travel Guidelines for Foreign Nationals | #MobilityMinute

In this Mobility Minute, Associate Rebeca Lafond outlines key considerations for international travel to the United States during the holiday season, including documentation requirements, visa processing expectations and enhanced screening on entry.

Learn more

Media mentions

Bloomberg Law: Labor Department Expands H-1B Oversight, Tests Enforcement Power

Partner K. Edward Raleigh explains that the Department of Labor’s Project Firewall expands H-1B oversight beyond individual complaints and increases the scope of employer compliance reviews.

Learn more

Media mentions

Leading Britain's Conversation: Is Settlement Reform Rewarding Contribution or Rewriting the Rules of Fairness and Trust?

UK Government Affairs Strategy Director Shuyeb Muquit examines how proposed settlement reforms could reshape the path to UK residency by extending qualifying periods and linking eligibility to individual contribution.

Learn more

Podcast

Canada's Healthcare Staffing Solution

Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi discuss critical immigration strategies underpinning healthcare-sector staffing in Canada, unpacking how recent policy, mobility and compliance developments are affecting employers and global talent pipelines.

Learn more

Awards

Fragomen Named Private Client Team of the Year at The British Legal Awards 2025

Fragomen named Private Client Team of the Year at The British Legal Awards 2025, recognising the strength of our UK Private Client practice.

Learn more

Media mentions

Global Mobility Lawyer: Rising Immigration Fraud Creates New Compliance Challenges for US Firms

Partner Daniel Brown highlights rising deceptive practices in immigration and emphasizes stronger verification and compliance measures for employers.

Learn more

Media mentions

The Caterer: Casual Staff to Come Under New Right to Work Check Legislation

Senior Manager Louise Senior highlights how proposed UK reforms could expand right to work checks across hospitality and reshape compliance for businesses.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.