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Worcester, MA 01608
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Framingham, MA 01701
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Providence, RI 02906
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1597 Falmouth Road
Centerville, MA 02632
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69 Main Street
Hudson, MA 01749
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651 Orchard Street, Suite 107
New Bedford, MA 02744
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Medfield
Olde Medfield Square
266 Main Street, Bldg. 2, Suite 15A
Medfield, MA 02052
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Firm News
USCIS to halt Spousal Biometrics Collection for certain EAD Applications

USCIS to halt Spousal Biometrics Collection for certain EAD Applications

Featuring Brian J. Coughlin on May 5, 2021
May 5, 2021

U.S. Citizenship & Immigration Services (USCIS) will soon announce the suspension of in-person biometrics collection, for Employment Authorization Document (EAD) requests made by dependent spouses holding H-4, L-2 and E nonimmigrant status.

USCIS announced the agency’s intentions in pleadings made in connection with Edakunni, et al. v. Mayorkas, a class-action lawsuit which has been brought against USCIS for unreasonably lengthy EAD processing times. The suspension of the biometrics requirement will apply in connection with:
  • An I-765 Application for Employment Authorization (i.e. EAD application);
  • filed by a dependent spouse holding H-4, L-2 or E nonimmigrant status;
  • if the application is pending on May 17, 2021, and the applicant not yet received a related biometrics appointment notice; OR
  • or if the application is filed on or after May 17, 2021, through May 23, 2022.
USCIS has not officially announced any suspension of biometrics processing, and so any dependent spouse holding H-4, L-2 or E nonimmigrant status must attend a scheduled biometrics appointment, upon receipt of an Appointment Notice. However, the USCIS indication of a potential suspension of the biometrics requirement, even in the limited circumstances noted, is a positive development for all applicants.

We will continue to monitor this situation closely, and provide updates as they become available. Please contact me or another member of our Immigration Practice Team if you have any questions, or would otherwise like to discuss.
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