The suspension comes amid a lawsuit filed against USCIS, which claims that the immigration agency’s delays in issuing work permits are illegal. The lawsuit, filed in Seattle in March, claims a 2019 rule requiring applicants to attend an interview and provide biometrics had made it ‘impossible’ for many visa holders to avoid gaps in their employment.
The Biden administration on Friday did away with a proposed Trump-era rule that would have required U.S. immigrants to submit additional biometrics data, for example; DNA samples; eye scans; photos for facial recognition; and voice prints at any point until they became U.S. citizens.
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The new policy, which was proposed back in September, would also have removed the age limit of biometrics requirements, allowing government officials to request biometrics from children under the age of 14.
The current biometrics requirement applies to immigrant applicants over the age of 14, and is limited to submitting fingerprints, a signature, and a picture.
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The Trump administration stated that the rule, which never actually took effect, was a method to ensure “continuous vetting” and to keep up with “technological developments” and would have applied to immigrants seeking green cards, work permits and additional immigration benefits throughout their immigration journey in the United States until they obtained citizenship.
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The rule also aimed to extend the biometrics requirement to everyone associated with the immigration benefit, including U.S. citizen sponsors.
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Immigration advocates criticized the proposal, calling it an “unprecedented” move to collect personal information.
The Biden administration has already abolished a number of Trump’s most prominent immigration policies, including the 2019 Public Charge Rule, reverting back to the 2008 citizenship test, and removing the word “alien” from official communications.
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The 40 plaintiffs named in the lawsuit say that they, along with many other H4 and L2 visa holders, have or will lose their jobs because of work authorization processing delays. In April, the plaintiffs moved for a preliminary injunction, which required USCIS to process their applications immediately.
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The lawsuit has been backed by the US Chamber of Commerce and several tech firms, including Alphabet Inc. and Google, which have argued that work permit delays will have a widespread impact on businesses and the economy as a whole.
Lapses in work authorization forces companies to deploy significant resources to recruiting and training replacements, according to those backing the lawsuit.
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The US District Judge presiding over the case, Richard Jones, has not yet scheduled a hearing on the motion for a preliminary injunction.
Amid the coronavirus pandemic, H4 and L2 visas, along with several other US visa categories, were hit by Trump’s controversial US work visa ban. The ban ended on March 31, with the Biden administration allowing it to run its course.
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