DHS Biometric rule change to collect for all VISA including H1B, L1B.

DHS proposes rule to amend concerning the use and collection of biometrics by USCIS for all VISA applications (H1B/L1B/H4/EAD/L2 etc..) regardless of the age including children.
The changes proposed in this rule are intended to provide DHS with the flexibility to change its biometrics collection practices.

DHSRulechange

  • Any applicant, petitioner, sponsor, beneficiary, or individual filing or associated with an immigration benefit or request, including United States citizens, must appear for biometrics collection without regard to age unless DHS waives or exempts the biometrics requirement. 

  • To authorize biometric collection, without regard to age, upon arrest of an alien for purposes of processing, care, custody, and initiation of removal proceedings. 

  • To define the term biometrics. 

  • To increase the biometric modalities that DHS collects, to include iris image, palm print, and voice print. 

  • DHS may require, request, or accept DNA test results, which include a partial DNA profile, to prove the existence of a claimed genetic relationship and that DHS may use and store DNA test results for the relevant adjudications or to perform any other functions necessary for administering and enforcing immigration and naturalization laws. 

  • Rule would modify how VAWA and T nonimmigrant petitioners demonstrate good moral character, as well as remove the presumption of good moral character for those under the age of 14. 

  • Lastly, DHS proposes to further clarify the purposes for which biometrics are collected from individuals filing immigration applications or petitions, to include criminal history and national security background checks; identity enrollment, verification, and management; secure document production, and to administer and enforce immigration and naturalization laws.

The proposed amendment allowed a public comment period that ends on October 13,2020. Public may submit comments through the Federal eRulemaking Portal: http://www.regulations.gov.

Impact: When this becomes rule, visa processing delay is expected, including Premium Processing. DHS may append the above mentioned rule based on public comments.

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