USCIS Policy
USCIS Biometrics Update: March 2023
Real-world insights from recent cases. Learn what worked and how to apply these lessons.
When biometrics are required in O-1 proceedings
USCIS collects biometric information — fingerprints, photographs, and signatures — from certain immigration applicants and petitioners as part of its identity verification and background check processes. For O-1 petitions specifically, the biometrics requirement applies primarily to beneficiaries who are also filing or have filed adjustment of status applications, who are applying for advance parole travel documents, or who are included in certain other benefit categories that USCIS has designated as requiring biometrics collection. The I-129 O-1 petition itself does not trigger a biometrics appointment for the O-1 worker in the same way that adjustment of status applications do; the biometrics requirement in O-1 proceedings is most commonly encountered in conjunction with secondary benefit filings rather than the core O-1 petition.
O-3 dependents — spouses and children of O-1 workers who seek status concurrent with or following the primary O-1 beneficiary — file Form I-539 to apply for O-3 status, and I-539 applications have been subject to biometrics requirements that USCIS has modified over time. The biometrics requirement for I-539 applications was suspended for a period, requiring only background checks without in-person biometrics collection, and then reinstated with modifications following USCIS policy updates. Practitioners and petitioners should verify the current biometrics requirements for I-539 applications at the time of filing, as these requirements have changed through USCIS policy announcements and have been affected by operational capacity and COVID-19-related adjustments.
USCIS also collects biometrics from certain individuals in O-1 proceedings who have pending applications or petitions that require biometrics as a general matter, regardless of the specific petition type. An O-1 worker who files a concurrent adjustment of status application — seeking to change to lawful permanent resident status while in O-1 status — will be scheduled for a biometrics appointment at an Application Support Center as part of the adjustment of status process. The biometrics appointment in the adjustment context is part of the FBI fingerprint-based background check process that USCIS conducts for all adjustment applicants, not specifically triggered by the O-1 status itself.
How the biometrics process works
When USCIS requires biometrics as part of an immigration proceeding, it sends the applicant or petitioner a biometrics appointment notice — a Form I-797C — that specifies the date, time, and location of the scheduled appointment at an Application Support Center. The appointment notice is mailed to the address USCIS has on file for the applicant; it is therefore important that applicants keep their address current with USCIS throughout the adjudication of their immigration benefits. A biometrics appointment notice sent to an outdated address that the applicant never receives can result in a missed appointment and, potentially, a denial or abandonment finding if the applicant does not respond to USCIS before the deadline.
At the Application Support Center appointment, trained USCIS staff collect the applicant's fingerprints, photograph, and signature using electronic collection equipment. The biometrics collection process is typically brief — most appointments last 15 to 30 minutes — and does not involve any interview or examination of the merits of the underlying application. Applicants should bring the biometrics appointment notice and their government-issued photo identification to the appointment. Immigration counsel is not required to attend the biometrics appointment and typically does not accompany clients, though there is no prohibition on counsel attending if the client wishes.
USCIS shares the collected biometrics with the FBI, the Department of Defense, and other government agencies for background check purposes. The background check process runs concurrent with the adjudication of the underlying petition or application; USCIS typically does not approve a case until the background check results have been received and reviewed. Processing times for background check completion have varied significantly over time and have occasionally been a source of adjudication delays in cases where the background check takes longer than average to complete. These delays are most relevant for O-3 I-539 filers and adjustment of status applicants rather than for I-129 O-1 petition beneficiaries.
O-1 extensions and biometrics requirements
Extension of O-1 status is filed on the same Form I-129 as the initial petition, and the biometrics treatment of extension petitions follows the same general framework as initial petitions. For the I-129 O-1 extension itself, no biometrics appointment is typically required for the O-1 worker; the extension adjudication proceeds based on documentary review of the petition, expert letters, evidence exhibits, and other materials submitted with the filing. This is consistent with the general principle that I-129 petition adjudication for nonimmigrant workers is a documentary review process rather than one that requires in-person biometrics collection from the petition beneficiary.
I-539 extensions for O-3 dependents may require biometrics under the current policy that USCIS applies to I-539 applications, which has varied between requiring biometrics and allowing biometrics fee payment with remote background checks rather than in-person collection. Practitioners should check the current USCIS guidance on I-539 biometrics requirements at the time of each filing to ensure that the correct biometrics fee is included and that the dependent is prepared for the possibility of a biometrics appointment notice. Failing to include required biometrics fees or failing to appear for a scheduled biometrics appointment can result in delays or adverse outcomes for the dependent's extension.
The biometrics fee for I-539 applications is separate from the I-539 application fee itself and must be included as a separate payment when biometrics are required. USCIS will reject an I-539 application that is missing required fees, including biometrics fees, and a rejected application must be refiled with correct fees and documentation, which can cause significant delays. Petitioners and counsel who manage O-3 concurrent filings should verify the fee components for each I-539 filing at the time of submission, using the USCIS.gov fee schedule and any current policy guidance, to avoid rejections based on missing fee payments.
Waiver of biometrics: when it applies
USCIS provides for biometrics waiver in limited circumstances for certain applicants and petition types. The biometrics waiver is generally available for individuals who are physically unable to provide biometrics due to medical conditions, or for whom biometrics collection is administratively unnecessary because USCIS already has current biometrics on file from a recent prior collection. The waiver must be specifically requested with supporting documentation; it is not granted automatically. For O-1 proceedings, the waiver is most relevant for I-539 applicants who believe they qualify for a waiver, since those are the applicants most likely to face a biometrics requirement in an O-1-related proceeding.
USCIS has also applied administrative biometrics waivers — effectively suspending the in-person biometrics requirement for certain categories of applicants — in periods of operational strain or public health emergency, replacing the in-person biometrics requirement with enhanced documentary review or remote background check procedures. These administrative waivers have been applied inconsistently across time and petition type, and the current status of any administrative waiver for a specific filing type must be verified at the time of filing. Practitioners should not rely on policies that applied in prior filing periods without confirming that those policies remain in effect for current filings.
For applicants who receive a biometrics waiver, the background check process proceeds through alternative means — typically by using biometrics already in the system from prior collections, or through name-based background check procedures. The waiver does not eliminate the background check; it changes the collection method for the biometric data used in the check. Applicants who have had biometrics collected within a specified period in connection with a prior USCIS benefit application may have their prior biometrics reused without a new collection, streamlining the process for frequent filers who have recently provided biometrics in connection with other immigration proceedings.
How biometrics scheduling affects petition timing
For I-539 O-3 concurrent filings, biometrics appointment scheduling adds time to the overall processing timeline that practitioners must account for when planning a dependent's status transition. USCIS schedules biometrics appointments after it receives and processes the I-539 filing; the biometrics appointment notice typically arrives several weeks after the filing is accepted. The I-539 adjudication does not typically complete until after the biometrics are collected and the background check results are received, so the biometrics scheduling effectively sets a floor on the minimum I-539 processing time. Dependents who need to be in O-3 status by a specific date — for school enrollment, employment authorization derivative purposes, or travel planning — should factor biometrics scheduling time into their timeline planning.
Application Support Center locations where biometrics appointments are scheduled vary by the applicant's address of record, and some ASC locations have longer scheduling backlogs than others. Applicants who live in areas with limited ASC access or high demand for ASC appointments may face longer waits for their scheduled biometrics appointment, which extends the overall I-539 processing timeline. Unlike certain other immigration benefit types, biometrics appointments cannot generally be rescheduled to a closer or more convenient ASC location; the applicant is assigned to the ASC serving their home address. Applicants who will be relocating or traveling for extended periods should be aware that a biometrics appointment notice sent to their current address may require them to return to that area for the appointment.
When the biometrics appointment notice does not arrive within a reasonable period after an I-539 is filed and accepted, the applicant or counsel should check USCIS case status online and, if necessary, contact the USCIS Contact Center to verify that the biometrics appointment has been scheduled. Occasionally, appointment notices are mailed to outdated addresses or are not generated within the expected timeframe due to USCIS processing anomalies. Identifying and addressing these issues proactively — rather than waiting indefinitely for a notice that may not arrive — prevents the timeline delays that result from missed biometrics appointments and the need to refile.
Recent policy updates to USCIS biometrics procedures
USCIS periodically updates its biometrics policies through policy memoranda, published guidance in the Policy Manual, and operational announcements on USCIS.gov. These updates can affect the categories of applications that require biometrics, the fee amounts associated with biometrics collection, and the procedures for obtaining biometrics waivers or remote collection alternatives. Practitioners who file immigration applications that may be subject to biometrics requirements — including I-539 applications in O-3 concurrent filings — should monitor USCIS policy announcements for changes that affect their practice, since biometrics policy changes do not always receive the same practitioner attention as changes to substantive adjudication standards.
The USCIS Policy Manual's volume addressing biometrics requirements is updated to reflect current policy, and it is the most authoritative reference for understanding which application types require biometrics, the fee structure for biometrics collection, and the procedures for requesting waivers. Practitioners should cite the Policy Manual as the primary authority when advising clients on biometrics requirements, rather than relying on older secondary sources or informal guidance that may not reflect current policy. The Policy Manual is publicly accessible on USCIS.gov and is updated when policy changes are implemented.
From a longer-term perspective, USCIS has been investing in modernizing its biometrics infrastructure — expanding mobile biometrics collection capabilities, developing remote biometrics collection options, and integrating biometrics data more efficiently across federal agencies. These infrastructure investments, when they mature, may change the practical experience of biometrics collection in immigration proceedings — potentially allowing more flexible scheduling options, shorter appointment wait times, and more streamlined integration of biometrics collection into the overall petition adjudication process. Practitioners and petitioners should watch for USCIS announcements about biometrics modernization initiatives that may affect the biometrics experience for future filings.