U.S. Citizenship and Immigration Services (USCIS) has begun issuing Requests for Evidence (RFEs) to H-1B visa holders and applicants that demand both biometric data and updated residential addresses, an unprecedented development that marks a clear shift in how employment-based immigration cases are handled.
The RFEs cite “potentially adverse information” as the basis for the requests but offer no details regarding the nature of that information. Legal experts say the move deviates sharply from established procedures. “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.”
Traditionally, H-1B and other employment-based visa applications have not required biometric submissions unless tied to specific security or fraud concerns. The sudden, unexplained inclusion of these requirements has raised concerns about transparency and due process, especially given that affected applicants are not informed about what triggered the added scrutiny.
The timing aligns with broader efforts by the Department of Homeland Security to expand biometric surveillance. In recent weeks, DHS has advanced proposals to restructure the 9-11 Biometric Fee in ways that would increase costs for companies sponsoring large numbers of H-1B workers. Simultaneously, USCIS has been investing in digital identity verification systems as part of a broader modernization initiative.
These developments arrive as over 1,550 international students and recent graduates at 240 U.S. colleges and universities are facing sudden legal status complications, adding to what immigration attorneys describe as a climate of growing uncertainty. The H-1B program remains a critical talent pipeline for U.S. employers in technology, healthcare, and scientific research. Leading firms like Google, Amazon, Meta, and Tesla have long depended on these skilled foreign workers to fill specialized roles.
The lack of explanation accompanying the RFEs has raised legal questions about fairness and potential overreach. While USCIS has not made any formal policy announcements, the abrupt change in documentation demands suggests a larger strategic shift in how the agency verifies identities and monitors visa compliance. For now, attorneys and employers are left navigating a more opaque and increasingly high-stakes environment for employment-based immigration.
Sources: Forbes, The Economic Times, NewsBytes
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April 22, 2025 – by Cass Kennedy
