‘Highly unusual’: Immigration attorneys alarmed as USCIS asks H-1B applicants for home addresses, biometrics
USCIS issues unusual RFEs for H-1B visas demanding home addresses and biometrics, raising transparency concerns.
- Apr 22, 2025,
- Updated Apr 22, 2025 12:30 PM IST
US Citizenship and Immigration Services (USCIS) is now issuing Requests for Evidence (RFEs) for H-1B visa and employment-based immigrant petitions, asking for home addresses and biometric information, according to a Forbes report. The move has raised significant concerns among immigration attorneys.
These requests mark a departure from USCIS's usual procedures. “This is highly unusual because biometrics are not typically required for these case types,” the report quoted Vic Goel of Goel & Anderson. He added, “The RFEs also fail to explain the nature of the adverse information, leaving employers and attorneys in the dark.” Typically, RFEs focus on eligibility criteria rather than personal data collection, adding to the unpredictability for those navigating the immigration process.
The requests, citing “potentially adverse information,” are unprecedented for such petitions and have not been accompanied by a clear explanation of the adverse information referenced. The lack of transparency from USCIS has left attorneys and employers uncertain about the agency's intent.
The timing of these RFEs coincides with heightened enforcement actions under the current administration, including deportations of international students for minor infractions. Over 240 US colleges and universities have reported that more than 1,550 international students and recent graduates are facing changes to their legal status.
The stringent annual cap on H-1B visas, combined with backlogs in green card processing, already poses significant challenges for employers seeking to hire foreign talent. The new RFEs further complicate an already restrictive immigration landscape.
Immigration attorneys are advising caution in responding to these RFEs. “I recommend not responding directly to the RFE by providing the beneficiary’s address or scheduling biometrics,” Goel told Forbes. Instead, he suggests citing regulation 8 CFR 103.2(b)(16)(i), which requires USCIS to disclose any derogatory information used in making a decision. This response advice is due to the deviation of these RFEs from USCIS's historical approach, where information exchange has traditionally been conducted in writing.
The H-1B visa category remains highly challenging, and these developments have placed attorneys and companies in a 'wait and see' mode. They remain uncertain if these unusual RFEs signal new restrictive measures or if they are a temporary procedural anomaly. As the immigration landscape evolves, stakeholders continue to monitor these developments closely, trying to adapt their strategies in light of these unexpected requests.
US Citizenship and Immigration Services (USCIS) is now issuing Requests for Evidence (RFEs) for H-1B visa and employment-based immigrant petitions, asking for home addresses and biometric information, according to a Forbes report. The move has raised significant concerns among immigration attorneys.
These requests mark a departure from USCIS's usual procedures. “This is highly unusual because biometrics are not typically required for these case types,” the report quoted Vic Goel of Goel & Anderson. He added, “The RFEs also fail to explain the nature of the adverse information, leaving employers and attorneys in the dark.” Typically, RFEs focus on eligibility criteria rather than personal data collection, adding to the unpredictability for those navigating the immigration process.
The requests, citing “potentially adverse information,” are unprecedented for such petitions and have not been accompanied by a clear explanation of the adverse information referenced. The lack of transparency from USCIS has left attorneys and employers uncertain about the agency's intent.
The timing of these RFEs coincides with heightened enforcement actions under the current administration, including deportations of international students for minor infractions. Over 240 US colleges and universities have reported that more than 1,550 international students and recent graduates are facing changes to their legal status.
The stringent annual cap on H-1B visas, combined with backlogs in green card processing, already poses significant challenges for employers seeking to hire foreign talent. The new RFEs further complicate an already restrictive immigration landscape.
Immigration attorneys are advising caution in responding to these RFEs. “I recommend not responding directly to the RFE by providing the beneficiary’s address or scheduling biometrics,” Goel told Forbes. Instead, he suggests citing regulation 8 CFR 103.2(b)(16)(i), which requires USCIS to disclose any derogatory information used in making a decision. This response advice is due to the deviation of these RFEs from USCIS's historical approach, where information exchange has traditionally been conducted in writing.
The H-1B visa category remains highly challenging, and these developments have placed attorneys and companies in a 'wait and see' mode. They remain uncertain if these unusual RFEs signal new restrictive measures or if they are a temporary procedural anomaly. As the immigration landscape evolves, stakeholders continue to monitor these developments closely, trying to adapt their strategies in light of these unexpected requests.