USCIS Policy
USCIS Biometrics Update: May 2023
Real-world insights from recent cases. Learn what worked and how to apply these lessons.
Biometrics in the USCIS immigration process: the May 2023 framework
USCIS collects biometric information — fingerprints, photographs, and electronic signatures — from certain immigration applicants as part of the background check and identity verification process. Biometrics are collected at USCIS Application Support Centers (ASCs) and are used to conduct FBI criminal background checks and to verify the applicant's identity against prior immigration records. The collection is authorized under 8 C.F.R. § 103.16 and related regulatory provisions, and failure to appear for a scheduled biometrics appointment can result in denial of the underlying benefit request.
The categories of immigration benefits that require biometrics collection are established by USCIS policy and regulatory authority, and not all immigration applications require an in-person biometrics appointment. The determining factor is generally the nature of the benefit sought and the legal authority for the benefit, rather than the applicant's visa category or nationality. Understanding which applications require biometrics — and, critically, which do not — helps petitioners and their employers plan the complete immigration process timeline accurately and avoid scheduling unnecessary appointments or budgeting for biometrics fees that do not apply.
In May 2023, USCIS was operating under a biometrics policy framework that required in-person biometrics for a defined set of benefit categories while waiving biometrics for others based on age exemptions, existing biometrics records that could be reused from prior filings, and categorical exemptions for certain nonimmigrant petition types. The framework had evolved over the preceding years, including during the pandemic period when biometrics appointments were suspended for some categories and resumed on a phased basis. Practitioners advising clients in May 2023 needed to verify the current biometrics requirement for each specific application type rather than relying on prior-period assumptions.
Which O-1 applicants are subject to biometrics requirements
O-1 visa petitions filed on Form I-129 by U.S. petitioners — employers or agents — do not generally require biometrics collection from the O-1 beneficiary as part of the USCIS petition adjudication. The I-129 petition process involves collection of biographical information and supporting documentation but does not require the alien beneficiary to appear at a USCIS Application Support Center for biometrics collection in the context of the petition adjudication itself. This is distinct from certain adjustment of status applications, where biometrics are routinely required.
O-1 applicants who are pursuing a green card or adjustment of status concurrently with or following their O-1 petition — including those who have filed Form I-485 Application to Register Permanent Residence — will encounter biometrics requirements in the context of the adjustment of status application rather than the O-1 petition. The biometrics appointment for an I-485 is an in-person appointment at a USCIS Application Support Center and is a separate step from the O-1 petition adjudication. The two processes run concurrently but have separate procedural timelines and separate biometrics requirements.
O-1 visa applicants who proceed through consular processing — obtaining a visa stamp at a U.S. consulate abroad rather than changing status domestically — will have their biometrics collected at the consular interview rather than at a USCIS Application Support Center. Consular biometrics collection is part of the visa interview process and is administered by the State Department rather than by USCIS. Applicants who have previously had consular biometrics collected for prior visa applications may have their biometrics records available in the State Department's system, which can streamline the interview process.
The biometrics appointment process
When USCIS requires biometrics for a specific benefit application, it mails an appointment notice to the applicant directing them to appear at a designated Application Support Center on a specific date and time. The ASC appointment notice is sent to the address on file with USCIS, which is typically the attorney's address if the application was filed through counsel or the applicant's address if filed pro se. The appointment notice includes the date, time, location, and a list of acceptable identity documents the applicant must bring to the ASC appointment.
The ASC appointment typically takes 15-30 minutes for the actual biometrics collection, though wait times at some centers can extend the total visit time substantially. USCIS collects ten-fingerprint scans, a digital photograph, and an electronic signature at the ASC appointment. These biometrics are transmitted electronically to the FBI for criminal history checks and are stored in USCIS's biometrics database for potential reuse in future applications. Applicants who fail to appear for their ASC appointment should contact USCIS to reschedule, because failure to appear can result in the underlying application being abandoned.
USCIS's biometrics reuse policy allows the agency to use biometrics collected in a prior application for a subsequent application filed within a specified time period, eliminating the need for a new in-person ASC appointment. In May 2023, the reuse window applied to certain categories where USCIS determined that the previously collected biometrics were sufficiently recent and matched the current applicant. Applications where biometrics reuse is available are processed by USCIS using the stored biometrics without generating a new ASC appointment notice, which can substantially reduce the timeline for applications where biometrics would otherwise be a processing bottleneck.
Biometrics for O-1 dependents and family members
O-3 visa holders — the dependent spouses and children of O-1 and O-2 nonimmigrants — are processed through consular channels when they are outside the United States and seek to enter in O-3 status for the first time. The consular process for O-3 applicants includes standard biometrics collection at the visa interview, consistent with the consular process for other nonimmigrant visa applicants. O-3 applicants who are in the United States and seeking to change status to O-3 are not required to appear at an ASC for biometrics in the context of the change of status application, though they will need to collect a new visa stamp at a consulate before their next international travel.
Family members of O-1 petitioners who are pursuing immigration benefits in their own right — for example, a spouse who is independently applying for employment authorization or adjustment of status — may have biometrics requirements arising from their own applications that are separate from the O-1 petition process. An O-3 spouse who applies for an Employment Authorization Document must comply with the biometrics requirements applicable to the EAD application. An O-3 spouse who files for adjustment of status must comply with the biometrics requirements applicable to the I-485 application. Each application type carries its own biometrics requirement based on its regulatory authority.
Children of O-1 petitioners who are under a certain age may be exempt from biometrics requirements based on age exemptions in USCIS policy. USCIS policy exempts children under a specified age — which has varied over time and should be confirmed at the time of filing — from in-person biometrics collection for certain benefit categories. Practitioners preparing applications for minor dependents of O-1 petitioners should verify the current age exemption threshold and whether it applies to the specific application type, to ensure that ASC appointments are scheduled only for those family members for whom biometrics are actually required.
Policy changes affecting biometrics in May 2023
USCIS has periodically revised its biometrics policies in response to operational needs, technological capabilities, and legal authority developments. In the period leading up to May 2023, USCIS had implemented several significant biometrics policy changes: expanding the biometrics reuse window for certain categories of applications, adjusting age exemptions for minor dependents, and developing remote or mobile biometrics collection capabilities for certain situations where ASC access is limited. Practitioners should review the current USCIS biometrics policy as of the filing date rather than relying on policies from prior periods.
USCIS proposed a rule in the period around 2020-2022 that would have significantly expanded biometrics collection to additional categories of applicants, including certain nonimmigrant petitioners and additional categories of family members. This proposed expansion generated significant comment from the immigration practitioner community and was not finalized in the form originally proposed. The status of any proposed biometrics expansion rules should be verified at the time of filing, as regulatory developments in this area can affect which applicants are subject to biometrics requirements for specific benefit categories.
The USCIS Policy Manual's chapters on biometrics collection provide the most current official statement of agency policy on biometrics requirements, reuse, exemptions, and appointment procedures. Practitioners who encounter unusual biometrics requirements or questions about whether a specific application triggers biometrics should consult the Policy Manual's biometrics chapter and, if the answer is not clear, contact USCIS through the appropriate inquiry channel. Changes to USCIS biometrics policy are typically announced in Policy Manual updates that are published on the USCIS website, which provides an authoritative and contemporaneous source for current biometrics requirements.
Practical planning for biometrics in the O-1 process
Practitioners advising O-1 petitioners should include a biometrics assessment in the pre-filing planning process to identify which participants in the immigration process — the O-1 beneficiary, the O-3 dependents, and any family members pursuing independent applications — will need biometrics appointments and when those appointments are likely to occur in relation to the overall petition timeline. For applicants who do not require biometrics in connection with the O-1 petition itself, the biometrics question may arise later in connection with adjustment of status or other subsequent applications.
Applicants who have previously been biometrically enrolled by USCIS in connection with a prior application should confirm whether their biometrics records are available for reuse in the current application. If biometrics reuse is available, no ASC appointment is necessary and the processing timeline is shortened. If biometrics reuse is not available — because the prior biometrics were collected more than the applicable reuse window ago, or because the current application type does not qualify for reuse — an ASC appointment will be required and should be factored into the processing timeline.
ASC appointment availability varies by location and demand period, and scheduling delays at busy ASC locations can add weeks to the processing timeline if the biometrics appointment is on the critical path. Practitioners advising applicants in high-demand areas should account for potential ASC scheduling delays when estimating the overall processing timeline. USCIS's online case status tool tracks whether a biometrics notice has been sent, which allows practitioners and applicants to monitor the biometrics scheduling progress and identify any delays in the appointment notice generation that might indicate a processing issue with the underlying application.