H-1B Visa Update: USCIS Now Requiring Biometric Data and Home Addresses in RFEs

Recently, U.S. Citizenship and Immigration Services (USCIS) began issuing Requests for Evidence (RFEs) in H-1B and I-140 visa cases. These requests now demand residential addresses and biometric data, a shift that immigration attorneys describe as unprecedented. This development raises serious concerns about legal transparency and the privacy of sensitive information.

Understanding Requests for Evidence (RFEs)

A Request for Evidence (RFE) is a formal notice from USCIS that asks for additional documentation or clarification before deciding on a visa petition. Typically, RFEs focus on missing eligibility criteria, such as educational qualifications or employer details.

However, the current RFEs differ significantly. They request beneficiaries’ home addresses and biometric data, marking a notable change in employment-based visa processing. This unexpected shift has left the immigration community unsettled.

Alarming Trends in RFEs

Immigration attorneys representing employers and foreign workers report an influx of RFEs. These notices ask for updated addresses and cite the need for biometric data. They reference “potentially adverse information” but fail to clarify what this information entails. This ambiguity leaves both employers and attorneys in a challenging position.

Concerns About Transparency and Legal Rights

Legal professionals express alarm over the scope of these RFEs. They highlight serious concerns regarding privacy and due process. Biometrics, such as fingerprints and photos, are typically required for select categories, like asylum seekers or green card applicants. The lack of clarity in these new notices intensifies anxiety among visa applicants and their legal advisors.

Legal Experts Advise Caution

Attorneys urge recipients of these RFEs to approach with caution. They recommend not responding immediately. Instead, they suggest requesting full disclosure of any derogatory information that USCIS might be using. Notably, experts advise citing 8 CFR 103.2(b)(16)(i), which mandates the agency to share any negative evidence affecting its decisions.

Impact on Employers, Students, and Tech Talent

These RFEs emerge when employers and universities face significant visa limitations and processing backlogs. Reports indicate that over 240 U.S. colleges have noted disruptions in the legal status of more than 1,550 international students and graduates.

Furthermore, research reveals that foreign graduate students in artificial intelligence face significant hurdles in securing H-1B visas compared to their European counterparts.

Who Might Be Affected?

The individuals most likely to receive these RFEs include:

• H-1B visa holders and applicants
• I-140 employment-based green card applicants
• Employers sponsoring foreign workers
• Recent international graduates in STEM fields

Recommendations for Visa Applicants

If you or your employer receives an RFE requesting your address and biometric data, consider the following steps:

• Do not respond without legal counsel.
• Request USCIS to disclose any alleged adverse information.
• Consult an immigration attorney immediately.
• Ensure all records are accurate and up-to-date.

Final Thoughts

The unexpected issuance of RFEs demanding biometric data and home addresses presents new challenges for employment-based visa applicants in the U.S. With no clear precedent or rationale for these changes, immigration attorneys emphasize the importance of caution and strategic legal responses.

For foreign professionals and students pursuing opportunities in the U.S., this development underscores the need for heightened vigilance and legal awareness in a rapidly evolving immigration landscape.