New Biometric Mandate
U.S. Citizenship and Immigration Services will require every applicant for adjustment of status to attend an in-person biometric services appointment beginning Feb. 17, eliminating most exemptions that previously allowed certain green card applicants to reuse older fingerprints, according to two USCIS officials familiar with the policy. The change, set out in a policy memo scheduled for release on Jan. 14, will apply to roughly 1.2 million pending Form I-485 applications, the officials said. The move is part of a broader effort to update identity verification records and to reduce instances in which applicants receive work or travel documents based on stale biometrics, the officials said.
The new rule will require applicants to visit one of 89 Application Support Centers to submit fingerprints, a photograph, and a digital signature each time they file an adjustment application, regardless of whether they recently completed the process for another benefit, the officials said. The $85 biometric services fee will remain unchanged for most applicants, though the agency is weighing a separate fee rule that could take effect in April, one official said. The memo will instruct field offices to begin sending appointment notices on Jan. 27 for appointments starting Feb. 17.
USCIS has relied on biometrics since the 1990s for most immigration benefits, but the agency has granted broad reuse waivers since 2020 to speed processing during backlogs caused by the pandemic and later surges in border-related filings, the officials said. The forthcoming memo will characterize the new mandate as a return to pre-2020 standards while adding updated digital checks against FBI and DHS databases, one official said.
Privacy advocates have raised concerns about how long USCIS retains biometric data and whether the new checks will pull information from state driver's license databases. USCIS officials said the agency will publish a privacy impact assessment within 60 days and will limit data sharing to agencies with written memoranda of agreement.
Implementation and Exemptions
USCIS has awarded a $47 million contract to add roughly 600 temporary staff and extend hours at 22 of the busiest Application Support Centers, according to the two officials. The agency expects to process an additional 18,000 appointments per week once the contract is fully operational on Feb. 3, one official said. The 89 centers include existing sites in Chicago, Los Angeles, Miami, Newark, and Seattle, as well as newly leased space in Phoenix and Houston to handle demand from the recent surge in adjustment filings, the officials said.
The memo will retain exemptions for applicants under 14 years of age and those over 79, but it will end a practice that allowed many employment-based applicants to skip a new appointment if they had already submitted biometrics for an H-1B or L-1 petition, the officials said. Military families applying through the adjustment process will still be able to use overseas military installations for initial collection, but they must complete a domestic appointment before the final interview, one official said.
Field offices will receive updated guidance on Jan. 21 explaining how to reschedule appointments for applicants who miss their assigned date, the officials said. The guidance will set a 60-day deadline for completing biometrics after receiving an appointment notice; applicants who fail to attend risk a notice of intent to deny their adjustment application, one official said.
Immigrant-rights attorneys said the 60-day deadline could be difficult for applicants in rural areas where the nearest Application Support Center is more than 100 miles away. The attorneys said they expect USCIS to face requests for mobile biometric units similar to those used for naturalization ceremonies at military bases.
Impact on Employers and Capitol Hill
A trade lawyer involved in employment-based immigration cases said the change will ripple through companies that sponsor large numbers of skilled workers for permanent residence. The lawyer, who asked not to be named because the policy has not been announced, said employers should expect delays of four to eight weeks for workers who must travel to an Application Support Center from remote job sites. The lawyer said the added step is likely to complicate just-in-time hiring for manufacturing and logistics clients that rely on adjustment applicants already authorized under optional practical training or other temporary programs.
A congressional aide on the Judiciary Committee said staffers were briefed on the policy on Jan. 8 and were told the agency intends to cite the change as a fraud-prevention measure. The aide said the committee is likely to request a Government Accountability Office review of wait times and data security practices before the end of March. The aide also said a draft oversight letter circulating among Republican members asks USCIS to explain why the policy is being imposed without a formal regulation.
Watch for a lawsuit from immigrant-rights groups challenging the fee and appointment requirements, as well as for any guidance from USCIS on how applicants with disabilities can request accommodations. The policy memo could also face questions from senators during a Homeland Security Committee hearing tentatively set for Jan. 28.
