The temporary suspension of biometrics submission for I-539 applicants changing to or extending their H-4, L-2, E-1, E-2, E-2C, E-3, or E-3S, and E-3Y nonimmigrant status will expire on September 30, 2023. Notably, in U.S. Citizenship and Immigration Services’ (USCIS) FY 2022 Progress Report issued in December 2022, the Service announced its intent to establish a permanent biometrics exemption for all I-539 applicants “in the months ahead.” As fiscal year 2023 comes to a close, USCIS has not yet followed through with these plans. In the absence of further guidance from USCIS, applicants must include the $85 biometrics fee per applicant for all I-539 and I-539A applications postmarked or submitted electronically after September 30, 2023.

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