The revival of the H-4 EAD biometrics process has created fresh trouble for H-1B spouses seeking stable jobs in the US. You now face added delays as USCIS quietly reintroduces in-person biometrics, reversing years of simplified processing.
Immigration attorney Emily Neumann of Reddy Neumann Brown PC has flagged a rise in H-4 EAD biometrics notices. Applicants are being asked to visit Application Support Centers, adding extra steps, time, and uncertainty to an already slow system.
H-4 EAD Biometrics Rule Behind New Delays
Neumann points to a December 12, 2025, USCIS policy update as the trigger. Under this rule, photos used for immigration documents must come from a USCIS biometrics appointment within the last three years, even if recent passport photos were submitted.
Legal Experts Call It Bad Faith Enforcement
Immigration lawyer Steven Brown has questioned the logic behind rejecting self-submitted photos for the H-4 EAD. He has described the move as another bad faith delay and added it to his ongoing legal challenge against USCIS.
USCIS Reverts To Scrapped H-4 EAD Rules
The concern grows because USCIS is reviving rules it earlier removed due to harm. When biometrics were added to H-4 EAD filings in 2019, approvals slowed sharply, forcing thousands of spouses out of work while waiting.
USCIS suspended biometrics for Form I-539 in 2021 after lawsuits and mounting backlogs. The requirement was fully removed in 2023, bringing some relief to H-1B families. Neumann now warns that restoring H-4 EAD biometrics revives old problems, longer waits, deeper backlogs, and renewed uncertainty.
