The United States Citizenship and Immigration Services (USCIS) has begun issuing Requests for Evidence (RFEs) in employment-based visa cases, H-1B and I-140 visa petitions, demanding home addresses and biometric data from applicants.
Immigration attorneys have described the development as unprecedented, raising concerns over transparency, due process, and data privacy.
These demands, sent to both H-1B visa applicants(temporary skilled worker), and I-140 immigrant petitioners, request the applicant’s residential address and biometric data, a deviation from the traditional focus on eligibility documentation such as education, employer credentials, or proof of financial capability.
The notices often cite “potentially adverse information” without elaborating on what that entails, leaving many applicants and their legal representatives uncertain about the purpose of the request.
Immigration attorneys raise red flags
According to Travelobiz, legal experts have voiced strong concerns over this new development. Attorneys say the nature and scope of these RFEs have not been seen before in employment-based visa processing.
“These notices reference ‘potentially adverse information’, but do not explain what that information might be,” an immigration attorney noted.
The lack of transparency is a major concern, especially given that biometric requests are usually required only for certain categories of asylum seekers or green card applicants, not temporary work visa holders.
Another immigration attorney stated, “The RFEs also fail to explain the nature of the adverse information, leaving employers and attorneys in the dark.”
Understanding the RFE and its implications
A Request for Evidence (RFE) is a formal communication from USCIS requesting additional information to support a pending immigration petition.
- Traditionally, these requests focus on concrete eligibility requirements. However, the newly issued RFEs go beyond this norm by asking for sensitive personal data.
- Given the ambiguity, immigration attorneys are advising petitioners not to respond to these RFEs hastily. Instead, they recommend formally requesting disclosure of any derogatory information that the USCIS may be using.
Immigration attorney Goel advises citing 8 CFR 103.2(b)(16)(i), which mandates that USCIS must disclose any negative information that forms the basis of a decision, thereby allowing the applicant a fair opportunity to respond.
Implications for U.S. employers, tech talent, and universities
The issuance of these RFEs is expected to impact a wide array of stakeholders, including:
- H-1B visa holders and new applicants
- I-140 green card applicants
- Employers sponsoring foreign workers
- International graduates in STEM and AI fields
According to Forbes, more than 1,550 international students and graduates from over 240 U.S. colleges are currently facing disruptions in their legal status.
A National Foundation for American Policy study found that “a European teenager is four times more likely to get a seasonal work visa than a foreign graduate student in artificial intelligence is to secure an H-1B.”
What you should know
If you or your employer receives an RFE requesting your residential address and biometric data, experts recommend the following actions:
- Do not respond without legal consultation
- Request full disclosure of any adverse information cited by USCIS
- Consult a qualified immigration attorney immediately
- Ensure that all existing personal and application records are accurate and up to date
