E-2 Visa Biometrics Requirements: ASC Appointments for Dependents

Biometrics requirements stem from USCIS's authority under 8 CFR 103.2(b)(9), which allows the agency to require any applicant to appear for collection of biometric identifiers. In practice, USCIS applies biometrics requirements by form type rather than visa classification. The result is that the E-2 status application on Form I-129 — filed by the principal investor — typically does not generate a biometrics notice, while the dependent-track forms almost always do.

Form I-539 is the standard vehicle for an E-2 spouse or child to extend or change nonimmigrant status while the family is inside the United States. USCIS requires biometrics for every applicant on an I-539 who is 14 years of age or older. An I-539A — the supplemental form completed by each co-applicant joining the primary I-539 — follows the same rule: each co-applicant aged 14 or older must appear for biometrics. Children under 14 are not required to appear but USCIS may still issue an ASC notice in some cases; the instructions on the notice control. Form I-765 filed by the E-2 spouse to obtain an Employment Authorization Document also carries a biometrics requirement, and the collection serves both the I-765 and any associated I-539 pending at the same time.

• I-129 (E-2 principal investor): biometrics generally NOT required by USCIS; background checks use existing records
• I-539 (E-2 spouse or child extending or changing status): biometrics required for each applicant aged 14 or older
• I-539A (co-applicant supplemental): same rule as I-539 — each co-applicant 14 or older must appear
• I-765 (E-2 spouse EAD): biometrics required; one ASC appointment may satisfy both the I-765 and a co-pending I-539
• Children under 14: exempted from the fingerprint requirement; photograph and signature collection rules vary

USCIS charges a separate biometrics services fee for most applicants who must appear at an ASC. The current fee is established by the USCIS fee schedule, which is updated periodically through rulemaking. As of the most recent fee rule effective March 22, 2024, the biometrics fee for applicants aged 14 to 78 is $30 per person. Applicants 79 or older are exempt from the biometrics fee under the current schedule. Applicants younger than 14 are also exempt because they are not required to appear for fingerprinting.

The biometrics fee is paid at the time the underlying application is filed — not at the ASC appointment itself. When filing Form I-539 with USCIS, the filing fee includes the biometrics fee for the primary applicant; each co-applicant filing an I-539A pays a separate biometrics fee if they are within the age range. When the I-765 is filed concurrently, its filing fee covers the biometrics collection for that application. Confirm current fee amounts on the USCIS fee schedule at uscis.gov before filing, as fee rules are subject to change by regulation.

After USCIS accepts a biometrics-required application, it mails Form I-797C (Notice of Action) with the ASC appointment details to the address the applicant provided on the application. The notice specifies the ASC location, date, time, and a list of identification documents to bring. USCIS typically schedules appointments at the ASC nearest to the applicant's mailing address, so it is essential that the mailing address on the application reflects where the applicant will be living when the notice arrives — a common source of missed appointments when families move after filing.

The I-797C notice is required at the appointment. The applicant must also bring a government-issued photo identification: a passport is the most reliable document and avoids questions about whether a state ID meets the requirement. An unexpired foreign national passport is fully acceptable. The applicant's receipt notice (the I-797C acknowledging acceptance of the underlying I-539 or I-765) should also be brought. All documents are reviewed at the ASC front desk before the applicant is admitted for collection.

• Bring the original ASC appointment notice (Form I-797C) — a printed copy of a digital notice is acceptable
• Bring a government-issued photo ID — a valid foreign passport is strongly preferred
• Bring the receipt notice for the underlying application (I-539 or I-765)
• Children attending with a parent need not bring separate ID if they are listed on the parent's notice
• Do not bring electronic devices to some ASCs — policies vary; check the specific ASC's posted rules

An ASC appointment is a brief administrative visit, typically lasting 15 to 30 minutes including wait time. Staff check the applicant's documents at the front desk, then lead the applicant to a collection station. Digital fingerprints are scanned from all ten fingers using a flatbed scanner. A digital photograph is taken. The applicant provides a digital signature on a signature pad. No interview takes place at the ASC; the purpose is purely biometric data collection. Staff do not review the underlying application, cannot give status updates, and are not authorized to answer questions about case processing times or adjudication.

Once biometrics are collected, they are transmitted electronically to the FBI and other relevant agencies for background checks. USCIS cannot complete adjudication of the I-539 or I-765 until the background check clears. The duration of that clearance depends on the individual's background and the agencies involved; most results return within days, but a small number of cases enter extended review. Applicants cannot accelerate this process by contacting USCIS or the ASC.

Rescheduling is permitted but must be requested before the scheduled appointment date in most circumstances. The standard method is calling the USCIS Contact Center at 1-800-375-5283 and requesting a new appointment. USCIS may also allow rescheduling online through the USCIS website for certain form types. An ASC cannot reschedule appointments; that function is handled centrally. When calling to reschedule, have the receipt number (from the I-797C) and the applicant's name and date of birth ready.

Missing an ASC appointment without rescheduling can result in USCIS administratively closing the case for failure to appear. An administrative closure is not a denial, but reopening the case requires writing to USCIS with an explanation and requesting a new appointment, which adds significant delay. If a genuine emergency prevented attendance, the explanation letter should include documentary evidence — a medical record, a police report, or equivalent. Practitioners should build a calendar reminder system for every ASC notice received in the client's file.

• Reschedule before the appointment date by calling 1-800-375-5283 or using the USCIS online scheduler
• Provide the receipt number when calling; USCIS cannot locate the appointment without it
• Missing without rescheduling risks administrative closure of the I-539 or I-765
• Reopening a closed case requires a written request and explanation, adding weeks of delay
• One reschedule is generally permitted without explanation; multiple reschedules may generate scrutiny

An E-2 family with a spouse and multiple children filing I-539 co-applications on a single I-539 base form can expect to receive one ASC appointment notice covering all co-applicants required to appear. The notice lists each co-applicant's name separately. All listed family members should attend the same appointment. If a co-applicant listed on the notice cannot attend, the entire appointment should be rescheduled rather than having partial family members appear, unless USCIS instructs otherwise on the notice.

When the E-2 spouse files both an I-539 (for status extension) and an I-765 (for the EAD) concurrently, USCIS typically schedules a single ASC appointment that satisfies the biometrics requirement for both applications. The receipt notices for both the I-539 and I-765 should be brought to the appointment. The USCIS examiner at the ASC will scan both receipt numbers. Filing the I-539 and I-765 together — and paying the biometrics fee for each — is the standard practice that avoids the need for two separate ASC visits.

The most common error is listing a temporary or incorrect mailing address on the I-539, causing the ASC notice to be mailed to a location the applicant has already left. USCIS mails the notice to the address on the most recently filed application; updating a mailing address after filing requires sending a written request by mail or, for some form types, through the USCIS online account. Clients should be instructed to notify the firm immediately upon any address change during the pendency of the application.

A second common error is failing to bring both the ASC appointment notice and a valid photo ID. ASC staff will not admit an applicant who cannot produce the notice. A third error involves co-applicant confusion: when children are listed as co-applicants on the I-539A, parents sometimes assume all appointments can be completed in one visit without confirming the notice lists all names. Review the notice carefully to confirm every co-applicant who must appear is listed and that the appointment covers every required family member.

• Verify the mailing address on the I-539 is current and will remain so for at least 60 to 90 days after filing
• Bring the ASC notice (I-797C) and a valid passport — not just a printout of the receipt notice
• Read the notice to confirm all co-applicants who must appear are listed before the appointment date
• Do not bring only one parent for a child listed separately on the notice; confirm whether the child needs to attend
• Confirm the ASC appointment date against any upcoming travel plans — departing the United States voids any pending I-539