US immigration authorities have begun issuing Requests for Evidence (RFEs) in H-1B and other employment-based visa cases, seeking home addresses and biometric data from applicants—an unprecedented move that has immigration attorneys on edge, Forbes reported.
These RFEs cite “potentially adverse information” without clarifying what it entails, prompting legal experts to question the transparency and intent of the US Citizenship and Immigration Services (USCIS).
“This is highly unusual because biometrics are not typically required for these case types,” said Vic Goel of Goel & Anderson. “The RFEs also fail to explain the nature of the adverse information, leaving employers and attorneys in the dark.”
In one example cited by Forbes, an RFE stated, “We have encountered potentially adverse information related to the beneficiary. To continue processing your application or petition, we require an updated address for the beneficiary so that we may collect biometric data.”
Immigration attorneys are advising against immediately complying with such RFEs. Goel recommends invoking 8 CFR 103.2(b)(16)(i), a regulation that obliges USCIS to disclose any derogatory information that affects a case.
The new demand comes amid increased immigration enforcement and rising anxiety over visa backlogs and H-1B caps. More than 1,550 international students and recent graduates have faced legal status changes at over 240 US institutions since April 18, according to the report.
A study by the National Foundation for American Policy highlighted that a European teen is four times more likely to receive a seasonal work visa than a foreign AI graduate student is to secure an H-1B visa.
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