If he has time to retake the photos, I think that would be best. The Department of State website says "neutral facial expression with both eyes open." My thinking is why take the chance, spend the $6 and 10 minutes to get photos that fulfill the requirement. If anything it will be one less thing to worry about on the application.
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I think it should be fine.
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If you have not mailed it to USCIS, he should just retake the pictures.
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