USCIS Removes Biometrics Requirement for EB-5 Investors on Form I-526E Petitioners

The United States Citizenship and Immigration Services (“USCIS”) has removed the biometrics $85 biometrics fee requirement for petitioners filing Form I-526E, Immigrant Petition by Regional Center Investor. Petitioners no longer need to submit the fee for biometrics services with their Form I-526E.

The USCIS has determined that universal biometrics collection is not necessary under INA 203(b)(5)(H)(iii). However, it may request the submission of biometrics from a Form I-526E petitioner as may be necessary under INA 203(b)(5)(H)(iii), 8 CFR 103.2(b)(9), or under other applicable authorities. The USCIS will also begin refunding biometrics fees is has collected since 2022 from 980 Form I-526E petitions filed with the biometrics fee. These will be refunded in the coming weeks. Petitioners do not need to contact USCIS to request a refund.

The USCIS has also released a revised edition of Form I-526E dated 03/15/23, with updated instructions. Effective May 15, USCIS will accept only the 03/15/23 edition of Form I-526E. Until then, Petitioners can submit either the new edition or the previous edition of Form I-526E (dated 06/01/22). The edition date is at the bottom of the page on the form and its accompanying instructions. Petitioners should be aware that the previous edition still contains instructions about the biometrics submission requirement that are no longer accurate.

If you have any questions about the EB-5 immigrant investor visa or the possible refund of the biometrics fee, please contact us at info@enterlinepartners.com and speak with a U.S. immigration attorney in Ho Chi Minh City, Manila and Taipei.

Copyright 2023. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.