USCIS Policy
USCIS Biometrics Update: February 2024
Real-world insights from recent cases. Learn what worked and how to apply these lessons.
O-1 principal beneficiaries are not required to appear for biometrics collection
O-1 petitions filed on Form I-129 by US employer or agent petitioners do not require biometrics collection from the principal O-1A or O-1B beneficiary. Biometrics -- fingerprints, photographs, and signature collection at a USCIS Application Support Center -- are required for certain status change applications that trigger enhanced background check procedures. The I-129 petition for O-1 status is evaluated on the basis of the beneficiary's professional credentials and the petitioner's evidentiary record, without a separate biometrics collection step for the principal beneficiary. Practitioners filing O-1 petitions should not include ASC biometrics costs or appointment scheduling in the O-1 filing timeline for principal beneficiaries.
The absence of a biometrics requirement for O-1 principal beneficiaries reflects the procedural structure of the I-129 petition process, in which the petitioner -- not the beneficiary -- files the petition with USCIS. The beneficiary is the subject of the petition rather than a direct applicant in the same procedural sense as a person filing an I-485 adjustment of status application or an I-539 nonimmigrant status extension. This structural distinction also means that the biometrics service fee, which appears as a line item in certain immigration application fee schedules, is not charged in connection with an O-1 I-129 filing for the principal beneficiary.
Beneficiaries who will seek O-1 visa stamps at US consulates abroad to enter the United States will be subject to the State Department's consular processing requirements, which may include fingerprinting and biographic data collection at the visa interview appointment. Consular biometrics collection is managed by the State Department through its consular posts rather than by USCIS, and it occurs in connection with the visa application process independently of the USCIS petition. Consular biometrics and ASC biometrics are distinct procedures governed by different regulatory frameworks and conducted at different times in the immigration process.
O-3 dependents filing Form I-539 are required to submit biometrics
O-3 dependents of O-1 beneficiaries -- spouses and unmarried children under 21 -- seeking to maintain or change nonimmigrant status in the United States file Form I-539, Application to Extend/Change Nonimmigrant Status. All I-539 applicants who are 14 years of age or older are required to provide biometrics as part of the I-539 adjudication process. Biometrics are collected at a USCIS Application Support Center assigned based on the applicant's US residential address. I-539 applicants receive a biometrics appointment notice from USCIS at the residential address provided in the application after the I-539 is filed and the filing fee is accepted.
The I-539 biometrics appointment is scheduled by USCIS; applicants cannot self-schedule ASC appointments. The appointment notice identifies the specific ASC location, date, and time assigned. Applicants must bring the biometrics appointment notice and a government-issued photo identification to the appointment. Failure to appear at the scheduled biometrics appointment without rescheduling can result in denial of the I-539 application for abandonment. Applicants who cannot attend the scheduled appointment should contact USCIS to reschedule before the appointment date rather than simply missing it and requesting a new appointment after the fact.
O-1 beneficiaries whose dependents are filing I-539 concurrent with the principal I-129 petition should factor the biometrics appointment timeline into the overall petition management strategy. The I-539 is typically adjudicated after the I-129 is approved, as USCIS confirms the principal's status before approving dependent status. Biometrics delays -- particularly in high-volume ASC jurisdictions -- can extend the I-539 pending period beyond the timeline of the principal I-129 adjudication. Premium processing for the I-129 does not accelerate the dependent I-539 process, and O-3 dependents in the United States should maintain status under any prior authorized stay while the I-539 is pending.
Biometrics collection occurs at USCIS Application Support Centers by scheduled appointment
USCIS Application Support Centers are dedicated facilities where biometrics are collected from applicants who have been scheduled as part of a pending benefit application. ASC locations are distributed across major US metropolitan areas, and the specific ASC assigned to an applicant is based on the residential address provided in the application. Applicants cannot choose their ASC or self-select a different location; the assignment is made by USCIS based on geographic distribution of ASC capacity. USCIS maintains a current list of ASC locations at uscis.gov, and applicants who have relocated since filing should contact USCIS to request an ASC transfer if the assigned location is impractical.
At the ASC appointment, collection involves ten-print fingerprinting, a photograph, and a signature. The appointment typically takes 15 to 30 minutes. Applicants are required to bring the USCIS biometrics appointment notice and a government-issued photo identification. Acceptable identification includes a passport, state-issued driver's license, national identity card, or other government-issued photo ID. Applicants who arrive without the required appointment notice or without acceptable identification will be turned away and will need to reschedule. USCIS does not accept walk-in biometrics appointments; all biometrics must be collected pursuant to a scheduled USCIS-assigned appointment.
Biometrics collected at ASCs are transmitted electronically to the relevant DHS background check systems. The applicant does not receive a copy of the biometrics data at the appointment and is not responsible for transmitting data to any other government agency. The FBI criminal history check and other background procedures that run against collected biometrics are conducted by DHS and FBI through interagency data sharing arrangements. Applicants do not need to separately initiate these background check processes; the ASC appointment and biometrics submission trigger all required downstream checks automatically.
The biometrics service fee is charged per applicant and is separate from the application filing fee
The biometrics service fee for Form I-539 applicants in 2024 is charged per applicant at the rate set by the current USCIS fee schedule. The fee is required from each I-539 applicant who is 14 or older, including co-applicants listed on the same I-539 form. For families with multiple O-3 dependents seeking status maintenance concurrently, the biometrics fee multiplies by the number of qualifying applicants. Practitioners preparing the filing package for families should calculate the total biometrics fee burden across all I-539 applicants and ensure the correct aggregate payment is included. An incorrect fee amount results in intake rejection and delays the adjudication timeline.
USCIS fee schedules are published at uscis.gov and are subject to adjustment through administrative rulemaking. The fee schedule applicable at the time of filing governs the fee charged, not the fee schedule in effect when the application was prepared. For matters involving a gap between preparation and filing, practitioners should verify the current fee schedule before submitting payment. USCIS has been updating its fee schedule through final rules published in the Federal Register, with effective dates that practitioners must track to ensure correct payment is submitted with each application.
The biometrics fee is non-refundable regardless of the outcome of the underlying application. If an I-539 application is denied, withdrawn, or transferred to a different adjudication track, the biometrics fee is not returned. This is consistent with USCIS's general policy that filing fees and associated service fees cover the cost of processing the application regardless of outcome. Practitioners should communicate to clients that the biometrics fee is committed at the time of filing and is not contingent on approval of the underlying I-539, particularly for families making cost-planning decisions about dependent filings concurrent with the principal I-129.
Expedite requests for ASC biometrics appointments are available in documented urgent circumstances
USCIS accepts expedite requests for ASC biometrics appointments in documented urgent circumstances, including situations where the applicant faces an imminent and time-sensitive need related to the pending benefit application. The expedite request process for biometrics is separate from the expedite request process for application adjudication, though both may be filed where the applicant faces a genuine emergency. Biometrics expedite requests should be submitted through the USCIS online case inquiry system or the USCIS Contact Center, with supporting documentation explaining the specific urgency and why the standard appointment scheduling timeline creates a genuine hardship.
Acceptable grounds for biometrics appointment expedites include imminent travel that requires the pending status to be resolved before departure, a medical emergency affecting the applicant's ability to travel to the assigned ASC location, or a documented change in circumstances that creates a time-sensitive need for biometrics to be processed promptly. USCIS evaluates expedite requests on a case-by-case basis and does not guarantee approval even for applicants who submit supporting documentation. Practitioners should be realistic with clients about the likelihood of a biometrics expedite being granted, as USCIS exercises significant discretion in evaluating whether the stated urgency meets the threshold for expedited service.
For applicants who are unable to appear for biometrics due to disability, age, or medical condition, USCIS has procedures to accommodate biometrics collection in alternative settings, including home visits in limited circumstances. These accommodation procedures are available through the USCIS disability accommodation program and require advance coordination with USCIS. Practitioners representing applicants with mobility limitations or medical conditions that preclude travel to an ASC should contact USCIS proactively to identify accommodation options rather than waiting for the standard biometrics appointment notice and then attempting to reschedule after the fact.
DHS retains biometrics data; applicants do not resubmit for subsequent filings in the same system
Once biometrics data is collected and transmitted to DHS systems, it is retained and associated with the applicant's DHS biometric identity record. For subsequent immigration applications and benefit requests filed within the DHS system, USCIS can access the retained biometrics without requiring the applicant to appear at an ASC for a new collection. The DHS biometrics retention policy allows USCIS to verify the applicant's identity against the existing biometric record in many circumstances, reducing administrative burden for applicants with recurring immigration proceedings, including O-3 dependents who file successive I-539 extensions over multiple years.
Biometrics data retained in DHS systems is accessible to other DHS components for background check and verification purposes across the range of DHS benefit and enforcement activities. The sharing of biometrics data within DHS is governed by the Privacy Act, system of records notices published by DHS, and applicable departmental policies on data use and retention. Applicants who provide biometrics to USCIS through the ASC process should understand that the data is retained and shared within DHS as permitted by these frameworks, not only for the immediate benefit application in connection with which it was collected.
For O-3 dependents who previously provided biometrics in connection with an earlier immigration benefit application -- including a prior I-539 or other DHS application -- USCIS may waive the ASC appointment requirement for subsequent filings where the prior biometrics remain usable and accessible in the DHS system. USCIS will notify the applicant if biometrics are waived or if a new collection is required. Practitioners should not assume that prior biometrics submission eliminates the biometrics step for a new I-539 without confirming through USCIS case status whether a new appointment notice has been issued or the requirement waived for the current filing.