USCIS Policy
USCIS Biometrics Update: April 2023
Real-world insights from recent cases. Learn what worked and how to apply these lessons.
Biometrics requirements in the O-1 petition process
Biometric services — the collection of fingerprints, photographs, and signatures — are a component of USCIS processing for certain benefit types and in certain circumstances involving O-1 petitions. For most O-1 petition filings, biometrics are not required at the I-129 petition stage for the employer petitioner, because the petition is filed as a Form I-129 by the petitioning employer and the approval notice authorizes the beneficiary to apply for a visa at a US consulate or to change or extend status. Biometrics become relevant to the O-1 beneficiary primarily in two contexts: when the beneficiary is seeking a change of status or extension of stay from within the United States, and when the beneficiary is subject to USCIS biometric collection requirements related to other pending applications such as advance parole or a permanent residence application filed concurrently.
The USCIS Application Support Center (ASC) biometrics appointment process requires the beneficiary to appear in person at a designated USCIS facility to have fingerprints, photograph, and signature collected. These biometrics are used for background check purposes and are stored in USCIS systems. For O-1 petitions that do not require biometrics at the petition stage, the biometrics step occurs only if the beneficiary subsequently files for benefits that require biometric collection, such as an Application to Register Permanent Residence or Adjust Status (Form I-485) filed concurrently with or after the O-1 petition approval.
O-1 beneficiaries who are in the United States in another immigration status and who file to change their status to O-1 using Form I-539 or through a Form I-129 change of status petition should consult with counsel about whether biometrics will be required. USCIS has updated its biometrics collection policies periodically, and the specific requirements applicable to a given O-1 change of status request depend on the USCIS biometrics policy in effect at the time of filing, the beneficiary's age, and other administrative factors that USCIS applies through its automated systems.
The April 2023 biometrics processing context
In April 2023, USCIS was managing ASC appointment scheduling against the backdrop of persistent staffing and capacity challenges at its nationwide Application Support Center network that had developed during and following the COVID-19 period. ASC appointment wait times varied significantly by geographic location and had been a source of processing delay for applicants whose overall case timelines were extended by the time needed to schedule and complete biometrics appointments. USCIS was also implementing updates to its biometrics waiver policies for certain categories of applicants, which affected who was required to appear in person versus who could receive a waiver of the biometrics collection requirement under the regulations.
For O-1 beneficiaries affected by biometrics requirements in April 2023, the practical impact depended heavily on local ASC appointment availability. Beneficiaries in metropolitan areas with multiple ASC locations — such as New York, Los Angeles, Chicago, or Houston — generally had shorter appointment wait times than beneficiaries in regions with limited ASC availability. USCIS provided online appointment scheduling through its MyUSCIS portal, and beneficiaries or their attorneys could check current appointment availability at specific ASC locations to manage case timelines. In cases where ASC appointment delays were materially affecting case timelines, expedite requests were available through USCIS's standard expedite criteria.
Biometrics policy updates announced through USCIS policy memoranda or Federal Register notices can change who is required to submit biometrics, the procedures for scheduling and completing ASC appointments, and the process for requesting biometrics waivers where applicable. O-1 petitioners and their counsel should track USCIS policy updates that affect biometrics requirements, as these changes can affect petition preparation checklists, cost estimates, and timeline projections for beneficiaries who will be subject to biometrics collection at some stage of the O-1 process or related benefit filings.
Biometrics appointment procedures for US-based O-1 beneficiaries
An O-1 beneficiary who is in the United States and requires biometrics as part of a pending application will receive a biometrics appointment notice (Form I-797C) from USCIS indicating the date, time, and location of the scheduled ASC appointment. The notice will specify what the beneficiary should bring to the appointment: the notice itself, a government-issued photo ID, and any other documents specified in the notice. Biometrics appointments are generally scheduled for specific time windows and require the beneficiary's personal appearance; an attorney can accompany the beneficiary but cannot substitute for the beneficiary at the appointment.
Rescheduling an ASC biometrics appointment is possible through USCIS's online or telephone customer service channels, but availability for rescheduled appointments depends on the capacity of the specific ASC location. A beneficiary who misses a scheduled biometrics appointment without rescheduling may experience processing delays, and in some cases USCIS may treat a missed appointment as evidence of abandonment of the underlying application if no action is taken within the applicable timeframe. Beneficiaries who cannot attend a scheduled appointment due to travel, medical, or professional obligations should contact USCIS promptly to reschedule.
For O-1 beneficiaries who are simultaneously filing multiple applications that each require biometrics — for example, a beneficiary filing for O-1 change of status and also an I-485 adjustment of status in a different category — USCIS may consolidate biometrics into a single appointment if the applications are pending at the same time and at the same service center. Consolidated biometrics appointments reduce the number of required ASC visits but depend on USCIS's ability to link the applications in its processing systems. Counsel should confirm whether consolidation is possible when advising beneficiaries on the anticipated biometrics schedule for multiple concurrent applications.
Biometrics for O-1 consular processing applicants
O-1 beneficiaries who are outside the United States at the time of petition approval and who will seek an O-1 visa at a US consulate abroad do not go through the USCIS ASC biometrics process. Instead, their biometric collection occurs at the US consulate during the visa application process: the consular officer collects fingerprints and photographs at the time of the visa interview as part of the standard consular visa issuance procedures. The consular biometrics collection is integrated into the visa application process and does not require a separate appointment at a USCIS ASC facility, because the consulate handles biometric collection directly.
Consular processing applicants may also be subject to security clearance procedures — commonly referred to as administrative processing — that involve additional review by security agencies based on the applicant's biometric data or other information. For O-1 visa applicants, administrative processing is more common for nationals of certain countries or for applicants in certain fields of scientific or technical work. The timeline for administrative processing varies significantly and is not predictable; applicants who are placed in administrative processing after a visa interview may experience delays of weeks to months before receiving a final visa decision. This timeline uncertainty is a practical consideration for O-1 beneficiaries planning employment start dates based on consular processing.
O-1 beneficiaries who have previously submitted biometrics to USCIS — for example, through a prior immigration benefit application filed from within the United States — may have those biometrics on file in USCIS systems. Existing biometrics records do not automatically transfer to consular processing applications; the consulate collects biometrics independently as part of the visa application process regardless of whether USCIS has prior biometric records for the applicant. However, prior USCIS records of biometric collection may be relevant if the applicant seeks to reenter the United States in O-1 status and is processed through US Customs and Border Protection biometric verification systems at a port of entry.
Timeline impacts of biometrics requirements on O-1 cases
For O-1 cases that include concurrent filings requiring biometrics — such as a change of status petition combined with an advance parole application — the biometrics appointment scheduling timeline can extend the overall case resolution time. In geographic areas with limited ASC capacity, the wait for a biometrics appointment may add several weeks to a case that would otherwise be ready for adjudication. Petitioners and counsel planning O-1 case timelines should factor in the potential for biometrics appointment delays when establishing target filing dates and estimated completion dates, particularly for beneficiaries who are currently inside the United States and who are filing benefit applications that trigger biometric collection requirements.
Premium processing for the O-1 petition itself does not expedite the biometrics scheduling process for related applications. If the O-1 change of status petition is filed with premium processing but a related application requiring biometrics is filed concurrently, the biometrics appointment schedule for the related application will follow the standard ASC scheduling timeline regardless of whether the underlying O-1 petition is being processed under premium processing. Petitioners who are relying on premium processing for a fast overall resolution should confirm with counsel whether any related applications will require biometrics that are not subject to expedited processing.
USCIS offers a formal expedite request process for biometrics appointments where significant financial loss, humanitarian circumstances, or USCIS error has caused delays. An O-1 beneficiary who needs a biometrics appointment urgently due to an imminent employment start date or an expiring authorized period of stay can submit an expedite request documenting the specific urgency. USCIS reviews expedite requests on a case-by-case basis and is not obligated to grant them; requests that demonstrate a clear, documentable urgency that could not be anticipated and addressed by earlier filing are more likely to be granted than those based on generalized timeline concerns that could have been avoided by earlier action.
Compliance steps and practical guidance for O-1 petitioners
O-1 employers and their counsel should include biometrics requirements in the overall case compliance checklist for any O-1 filing that may trigger biometric collection. The checklist should identify whether the specific filing — petition type, location of the beneficiary, and any concurrent applications — requires biometrics; the likely timeline for biometrics appointment scheduling at the relevant ASC location; and any factors that might qualify the beneficiary for a biometrics waiver under current USCIS policy. Addressing biometrics planning at the outset of case preparation avoids downstream timeline surprises when a biometrics appointment notice arrives that the employer had not anticipated.
For O-1 beneficiaries who will be traveling internationally during the period when their biometrics appointment is likely to be scheduled, the international travel plans should be coordinated with counsel to ensure that the beneficiary will be available for the appointment. Missing a scheduled biometrics appointment because the beneficiary is abroad can delay processing of the related application and may require rescheduling at a later date. If international travel is anticipated during the biometrics scheduling window, counsel can advise on whether to request a specific appointment date that accommodates the travel schedule or whether to file at a time that avoids the conflict.
Changes to USCIS biometrics policy are announced through USCIS policy memoranda and updates to form instructions on the USCIS website. The USCIS website also maintains current information about ASC locations, hours of operation, and appointment scheduling procedures. O-1 practitioners should review current USCIS biometrics guidance before advising clients on what to expect, because the specific requirements, procedures, and fees associated with biometrics collection are subject to change and prior practice may not accurately reflect current requirements. Relying on outdated information about biometrics procedures can lead to compliance errors that delay case processing.