In an unexpected move, the US Citizenship and Immigration Services (USCIS) is issuing Requests for Evidence (RFEs) for H-1B visa and employment-based green card petitions, asking for home addresses and biometric information, according to a Forbes report. Immigration attorneys say this is highly unusual, as these details are not typically required for such petitions.
Attorneys Concerned by Lack of Transparency
According to Vic Goel of law firm Goel & Anderson, “The RFEs fail to explain the nature of the adverse information, leaving employers and attorneys in the dark.” Traditionally, RFEs focus on eligibility or documentation, not personal data.
The sudden inclusion of biometrics and personal address verification raises fears of a new enforcement trend, especially as no legal clarity or justification has been offered.
New RFEs Coincide With Tighter Immigration Actions
This development comes at a time when the current US administration is ramping up enforcement, including the deportation of international students for minor infractions. Over 240 colleges have reported legal status issues for more than 1,550 international students and graduates.
Combined with the annual H-1B cap and green card backlogs, these RFEs have added more hurdles to hiring foreign talent.
Attorneys Urge Caution in Response
Legal experts are advising companies not to respond directly with the beneficiary’s address or biometrics. Instead, they recommend invoking 8 CFR 103.2(b)(16)(i)—a regulation requiring USCIS to disclose any derogatory information that may be used against the petitioner or beneficiary.
This approach is seen as a safeguard to maintain legal consistency and protect applicants from potential misuse of personal data.
What This Means for Employers and H-1B Holders
As these RFEs do not appear tied to specific case flaws, attorneys and employers remain in a wait-and-watch mode, uncertain whether this is a policy shift or a temporary anomaly. Either way, the development adds another layer of complexity to an already tight and uncertain US immigration landscape.
