ASC Biometrics Backlog at USCIS Likely to Take Months to Clear

Like almost all aspects of life during COVID, USCIS operations have been impacted significantly and we have been seeing extreme delays especially with respect to ASC biometrics processing and, by extension, cases which require biometrics to be completed before adjudication.

After a November 19, 2020 update in which USCIS has indicated that the ASC biometrics backlog is extreme and will likely take months to clear; the current situation at the ASC biometrics facilities is not much better.   Although we are seeing minor improvements, biometrics can still take several months.

ASC Biometrics Processing and Backlog

USCIS confirmed that their Application Support Centers (ASC) where biometrics are collected are working at approximately 65% of pre-COVID capacity. At the same time, there are reported to be 1.3 million applications waiting for biometrics with ASC being able to schedule about 10,400 biometrics per day. We are assuming that this is the current daily capacity at ASCs. A simple calculations suggests that USCIS may need more than 4 months to clear this backlog – and this does not account for hundreds of thousands of new applications that will be filed over the coming months.

Why Biometrics Are Holding Up Cases?

While USCIS has indicated that they will attempt to waive and/or reuse biometrics in cases where this is possible, the numbers shared by USCIS suggest that the biometrics delays will continue for the next 4-8 months, at least.

Over the last several years, USCIS has started requiring an even greater number and type of applications to undergo biometrics. For example, I-539 applications, even for a short B-2 visitor extension of status, now require biometrics to be completed before adjudication. In turn, the extreme delays in biometrics scheduling have caused many applications which require biometrics to be put in what seems to be an indefinite hold.

Are There Good Alternatives for Cases Held by Biometrics?

While there are ways to ask for expedited processing in certain situations and for certain applications, the hold caused by the biometrics generally cannot be resolved. While we see USCIS attempting to reuse (or waive) biometrics in some cases, this appears to be an opaque process where we are not given good indication as to whether a case is eligible for biometrics waiver OR if, in fact, such waiver has been granted.

At the same time, and due to COVID concerns, ASC biometrics facilities are generally not accepting walk-in biometrics.

While there is no good way to force a case’s biometrics to be scheduled (or rescheduled), there may be alternatives. For example, individuals who are applying for a reentry permit and are waiting for biometrics in some cases may be able to depart the US and then travel back to the US to complete them (but be sure to check with your attorney before doing so). Similarly, some applicants for extension or change of status may be able to leave the U.S. and reenter with a valid visa stamp in order to obtain new status.

Conclusion

We are hopeful that USCIS will be able to find resources to prioritize clearing the extreme biometrics backlog which, in turn, will help bring down overall case processing times.

Our office will continue monitoring related developments and provide updates.    Please do not hesitate to contact us if we can be of any help in preparing or otherwise assisting with related matters.    Also, please feel free to subscribe to our free weekly newsletter to obtain developments on this and related topics.

By | Last Updated: March 18th, 2021| Categories: Articles, News, News Alert, USCIS|

About the Author: Dimo Michailov

Dimo Michailov
Dimo has over 15 years of experience in US immigration including employment-based immigration benefits, corporate compliance and family based immigration. He represents corporate and individual clients in a wide range of cross-border immigration matters including mobility of key foreign executives and managers, specialized knowledge workers, and foreign nationals with extraordinary ability.

The Capitol Immigration Law Group has been serving the business community for over 15 years and is one of the most widely respected immigration law firms focused solely on U.S. employment-based immigration.   Disclaimer:  we make all efforts to provide timely and accurate information; however, the information in this article may become outdated or may not be applicable to a specific set of facts.  It is not to be construed as legal advice.