USCIS Policy
USCIS Biometrics Update: May 2024
Real-world insights from recent cases. Learn what worked and how to apply these lessons.
Biometrics in the immigration process and why it matters for O-1 applicants
Biometrics collection in U.S. immigration proceedings involves the recording of fingerprints, photographs, and in some cases signature data from immigration applicants and petitioners, used to verify identity against law enforcement and immigration databases. USCIS uses biometric data to run background checks through the FBI's Next Generation Identification system and USCIS's own CLAIMS system, to confirm that the person appearing at a consular interview or port of entry matches the identity documented in the petition. For O-1 nonimmigrant visa applicants, biometrics enter the process primarily when the foreign national seeks adjustment of status to lawful permanent residence concurrently with or following the O-1 period, or when certain other immigration benefits requiring biometric verification are sought alongside or after the O-1 petition.
The I-129 petition for O-1 nonimmigrant status does not itself require biometrics collection from the beneficiary — it is a petition filed by the U.S. petitioner, and the beneficiary's identity is verified at the consular post through fingerprinting and photograph procedures conducted as part of the visa interview process. However, O-1 beneficiaries who file Form I-485 for adjustment of status, Form I-131 for advance parole, or Form I-131A for a carrier documentation travel document are subject to the biometrics appointment requirement. Understanding which concurrent filings trigger biometrics requirements helps O-1 petitioners and their dependents plan their timelines and avoid inadvertent complications caused by missing biometrics appointments.
In May 2024, USCIS updated its biometrics scheduling and waiver policies in ways that affect applicants with pending immigration cases who reside in areas with limited Application Support Center access, applicants who are abroad when a biometrics appointment is scheduled, and applicants in specific age categories eligible for biometrics waivers. The updates also addressed biometrics reuse policies, clarifying when biometrics previously collected for a prior immigration benefit can be applied to a new application without scheduling a new appointment. Practitioners advising O-1 clients with concurrent adjustment of status or other benefit filings should be familiar with these updated procedures to avoid appointment-related delays.
May 2024 USCIS updates to biometrics requirements
USCIS updated its policy guidance in May 2024 regarding the reuse of biometrics previously collected from applicants for other immigration benefits. Under the updated policy, USCIS may use biometrics on file from a prior application or petition filed within the previous fifteen years if the biometrics were collected and are of sufficient quality for the background check purposes of the current application. This reuse policy reduces the burden on applicants who have previously provided biometrics for employment authorization, advance parole, or other benefits and are now filing adjustment of status or other applications that require biometrics, by potentially waiving the requirement to schedule a new Application Support Center appointment when existing biometrics on file are adequate for current processing.
The biometrics waiver policy was also updated to clarify eligibility for applicants who are physically located outside the United States when their biometrics appointment notice is issued. USCIS has historically required biometrics to be collected at designated Application Support Centers within the United States, creating complications for applicants who travel abroad or are outside the country when an appointment notice arrives. The May 2024 guidance provided clearer procedures for requesting a biometrics appointment rescheduling or waiver when the applicant is abroad, including documentation requirements and the process for requesting that USCIS defer the biometrics requirement until the applicant returns to the United States. Applicants who ignore appointment notices while abroad risk case delays or denial.
Age-based biometrics exemptions remained in effect under the May 2024 updates, with applicants under the age of fourteen and over the age of seventy-nine continuing to be exempt from the fingerprint collection requirement for most benefit types. For O-1 dependents — O-3 nonimmigrant status holders who are children of O-1 beneficiaries — the age exemption may apply to younger children who would otherwise be required to appear at an Application Support Center appointment. Practitioners should verify current exemption criteria at the time of filing for each specific case, as the applicable rules for particular benefit types may differ and USCIS guidance on exemptions is subject to ongoing policy development.
Which O-1 petition stages involve biometrics collection
The I-129 petition for O-1 nonimmigrant status filed by the U.S. petitioner does not require biometrics collection from the beneficiary or the petitioner. The biometric data used in connection with O-1 visa issuance is collected at the consular post as part of the DS-160 visa application process, where the applicant provides fingerprints and photographs as part of the standard nonimmigrant visa interview procedure. This consular biometrics collection is administered by the Department of State, not USCIS, and operates separately from the Application Support Center appointment process that USCIS administers for domestic benefit applications.
O-1 beneficiaries who file Form I-539 to extend or change the status of O-3 dependent family members from within the United States are subject to biometrics requirements for each O-3 applicant who is fourteen years of age or older and not exempt under applicable policy. The I-539 biometrics appointment must be completed before USCIS will adjudicate the application, and processing timelines for I-539 applications are accordingly affected by Application Support Center scheduling availability in the applicant's area. In metropolitan areas with high immigration filing volumes, Application Support Center appointment availability has historically been a constraint on I-539 processing times. Practitioners should account for biometrics scheduling when advising clients on the timing of O-3 extension filings relative to the O-3 applicants' current status expiration.
Applicants filing Form I-485 adjustment of status applications concurrently with or following an O-1 period who also file for employment authorization on Form I-765 and advance parole on Form I-131 may combine those filings into a single package, with a single biometrics appointment covering all three applications. The combined filing approach reduces the number of Application Support Center appointments required and allows USCIS to conduct background checks across all three applications simultaneously, which is administratively more efficient for both the applicant and the agency. Practitioners advising clients on adjustment of status strategy following an O-1 period should consider the timing benefits of the combined filing approach relative to the processing priorities of each individual benefit.
Biometrics and concurrent adjustment of status filings
O-1 beneficiaries who are immediate relatives of U.S. citizens, or who are beneficiaries of approved employment-based immigrant visa petitions with current priority dates, may file for adjustment of status on Form I-485 while maintaining valid O-1 nonimmigrant status. The adjustment of status filing requires biometrics, and the Application Support Center appointment will typically be scheduled by USCIS within several weeks of USCIS accepting the I-485 package. The biometrics appointment notice is sent to the applicant's address of record, and failing to appear at the scheduled appointment without requesting a reschedule in advance may result in case delay or denial. Applicants who anticipate travel during the period when a biometrics notice may be issued should notify their practitioner and monitor USCIS notices carefully.
The employment authorization application filed concurrently with adjustment of status allows the O-1 beneficiary who expects a gap between O-1 status expiration and adjustment of status approval to work without needing a new O-1 petition. The employment authorization document is typically issued within ninety days of filing when the application is filed concurrently with adjustment of status, subject to the biometrics appointment being completed. Applicants who do not complete their biometrics appointment will experience delays in employment authorization issuance, which can have immediate practical consequences for O-1 beneficiaries who are planning their employment around the employment authorization document timeline rather than the O-1 petition timeline.
Adjustment of status applicants should be aware that the advance parole document is required for international travel while the I-485 is pending, regardless of the existence of a valid O-1 visa stamp in the applicant's passport. Departing the United States without a valid advance parole document while an I-485 is pending is generally treated as abandonment of the adjustment of status application, with limited exceptions. The advance parole application, filed on Form I-131 concurrently with the I-485, requires the same biometrics appointment as the adjustment of status application. Practitioners advising clients with adjustment of status applications should ensure that clients understand the travel restrictions during the pending period and obtain a valid advance parole document before any international travel.
Scheduling, delays, and managing missed appointments
Application Support Center appointments for biometrics are scheduled by USCIS and cannot be self-scheduled by applicants. The appointment notice, which is mailed to the address of record on the application, specifies the date, time, and location of the appointment and includes a form number reference for the application to which the biometrics relate. Applicants who cannot attend the scheduled appointment must contact USCIS to request a reschedule before the appointment date. USCIS permits one reschedule request per application, and the rescheduled appointment will typically be several weeks after the original date, depending on Application Support Center availability in the applicant's region.
In May 2024, Application Support Center appointment availability varied significantly by geographic area, with major metropolitan areas experiencing longer wait times than rural and suburban centers. USCIS has the authority to schedule applicants at any Application Support Center within a reasonable distance of the applicant's address, and practitioners should advise clients to review the appointment notice location carefully and confirm that the scheduled center is accessible. Applicants with documented disabilities or medical conditions that prevent them from traveling to an Application Support Center may request a mobile biometrics appointment under USCIS's accommodation policies, which require advance documentation of the accommodation need.
Applicants who miss an Application Support Center appointment without requesting a reschedule in advance will receive a notice from USCIS giving them an opportunity to explain the failure to appear and request that the case be kept open. Failing to respond to this notice within the specified timeframe may result in denial of the pending application. Practitioners should advise clients to contact USCIS or their attorney immediately if a biometrics appointment notice is missed for any reason, rather than waiting to see whether USCIS takes further action. Proactive communication with USCIS about appointment complications is more effective than reactive responses to denial notices, which require more extensive remediation and may not be successful in all cases.
Practical preparation for biometrics-related steps
O-1 beneficiaries and their dependents with pending concurrent benefit applications should establish a reliable procedure for monitoring USCIS mail at their address of record, including during periods of travel or relocation. Application Support Center appointment notices are sent by first-class mail to the address provided on the application, and applicants who have moved since filing must update their address with USCIS on Form AR-11 and, where applicable, through the USCIS online change of address system. Practitioners should confirm the address of record at filing and remind clients to update the address if any change occurs during the pending period, as missed appointment notices are a common source of avoidable delays and case complications.
Applicants attending biometrics appointments should bring the original appointment notice, a valid government-issued photo identification document, and any supplemental identification required for the specific benefit type. The Application Support Center will photograph the applicant, collect fingerprints for all ten fingers, and in some cases collect a signature. The appointment itself typically takes fifteen to thirty minutes. Applicants should arrive at the Application Support Center at the time specified on the notice rather than significantly early, as most centers have limited waiting area capacity and operate on an appointment-only basis. Practitioners should advise clients not to bring children who will not themselves be having biometrics collected, as the facilities are not designed for extended waiting with accompanying minors.
Practitioners advising O-1 clients with adjustment of status or other concurrent benefit filings should build biometrics appointment scheduling into their overall timeline analysis for each case. In metropolitan areas with high filing volumes, the period between I-485 receipt and biometrics appointment completion may be two to four months, during which the adjustment of status application is in pending status and the applicant should not travel internationally without an advance parole document. Cases where the timing of biometrics completion is consequential for employment authorization or travel planning should be identified early so that the practitioner can advise the client on contingency planning and the appropriate use of premium processing for concurrent filings where applicable.