WATCH THE VIDEO HERE 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. 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.” A Request for Evidence (RFE) is a formal communication from USCIS requesting additional information to support a pending immigration petition. 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. The issuance of these RFEs is expected to impact a wide array of stakeholders, including: 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.” If you or your employer receives an RFE requesting your residential address and biometric data, experts recommend the following actions:
H-1B Visa Alert: U.S demands biometric data and home addresses in requests for evidence
