Halting of Biometrics Requirement

May 7, 2021

The Department of Homeland Security (DHS) will be discontinuing the requirement for foreign nationals’ spouses to submit biometrics.  This obligation needed to be fulfilled by spouses, applicants, sponsor, or any other person associated with immigration or naturalization petitions. However, due to the extensive number of applicants’ familial members that needed to meet this 2019 policy, there is an extreme backlog for USCIS to schedule and process the fingerprints.

The update in this guidance evolved after lawyers, who represent recipients of H-1B and L-1 visas, filed a class-action lawsuit stating that the requirement was a deliberate measure taken to halt the amount of work permits approved and dispersed. H-1B visas are given as a temporary status to immigrants for high-skill work; L-1 visas are awarded to foreign executive board members who were asked by their employers to be allowed to work in the United States. Many large technology companies also signed the class-action lawsuit due to the personal and financial harm to both the employer and employees.

There will be more information released in the upcoming days regarding this updated guidance. However, in the meantime, if you are concerned that you are part of the effected party or have any other inquiry about your immigration case, give Law Offices of Wiliani-Malek a call at (714) 432 – 1333.