Washington, April 22, 2025 (Yes Punjab News)
A recent and unprecedented move by U.S. Citizenship and Immigration Services (USCIS) is sending shockwaves through the immigration law and corporate communities. The agency has started issuing Requests for Evidence (RFEs) for H-1B visa applicants and employment-based green card petitions, now asking for **biometric data and updated home addresses — a step that’s typically unrelated to these case types.
This shift comes without public notice, explanation, or regulatory guidance, leaving employers, visa applicants, and immigration attorneys scrambling for answers.
Why Is USCIS Asking for Biometrics?
The requests stem from what USCIS describes as “potentially adverse information” about certain beneficiaries. Without explaining what this information is, the agency demands biometric collection and address verification.
One sample RFE reportedly states:
“We have encountered potentially adverse information related to the beneficiary. To continue processing your application or petition, we require an updated address so that we may collect biometric data.”
Legal experts say this language raises significant concerns about transparency and fairness.
Why This Matters to the H-1B Community and Employers
The H-1B visa program is a lifeline for U.S. industries such as technology, healthcare, research, and academia. Companies like Google, Amazon, Meta, and Tesla have long relied on these highly skilled professionals to fill labor shortages in critical roles.
However, the visa program operates under a restrictive annual quota 65,000 regular cap slots, plus 20,000 reserved for those with advanced U.S. degrees. It is already competitive and complex. These new RFEs could further complicate and delay processing, jeopardizing access to talent across industries.
Legal Experts Say the Process Breaks Norms
Immigration attorneys like Vic Goel (Goel & Anderson) and Kevin Miner (Fragomen) have both expressed concern.
Goel: “Biometrics are not typically part of this process. It’s unclear what adverse information they are referring to, and these RFEs don’t provide the necessary details.”
Miner: “These RFEs don’t follow historical USCIS procedure. Typically, if there’s a question about eligibility, they ask for clarifying evidence—not personal biometric data.”
Some speculate that AI tools or surveillance methods including social media monitoring—may be used by the **Department of Homeland Security (DHS) to flag applicants.
A Broader Trend: Data-Driven Immigration Enforcement?
This isn’t an isolated incident. Over 240 U.S. colleges and universities recently reported that more than 1,550 international students and recent graduates had their legal immigration status altered, often without warning or clear explanation.
Such incidents are heightening concerns that data-driven flagging systems may be influencing immigration enforcement decisions—without adequate transparency or due process.
Historical Echoes: Trump-Era Immigration Tactics Resurface
Many see this development as reminiscent of past policies. During former President Donald Trump’s administration, USCIS issued a record number of RFEs and denials. A 2018 internal report outlined ten common reasons for such actions, including:
– Inadequate proof of specialty occupation
– Invalid labor condition applications
– Employer-employee relationship doubts
– Failure to show sufficient work availability
While the Biden administration has not publicly endorsed similar tactics, these recent biometric RFEs suggest a continuity -if not a quiet revival—of hardline immigration policies.
What Should Employers and H-1B Applicants Do Now?
Attorneys recommend a cautious, informed response:
– Do not rush to provide biometrics or personal addresses without legal review.
– Request USCIS disclosure of the alleged adverse information (per **8 CFR 103.2(b)(16)(i)).
– Document everything and consult experienced immigration counsel before responding.
Legal professionals stress the importance of safeguarding due process and ensuring any USCIS request complies with both the Administrative Procedure Act and agency transparency standards.
The Stakes: More Than Just Visas
This issue is about more than individual petitions. At a time when the U.S. is competing globally for top talent in AI, healthcare, biotech, and more, uncertainty in the immigration process risks damaging the country’s competitiveness.
Employers, universities, and lawmakers are increasingly calling for clearer policies and expanded visa options to retain international professionals—not alienate them with opaque processes.
FAQs
Why is USCIS suddenly asking for biometrics in H-1B cases?
The agency claims to have “potentially adverse information,” though it hasn’t clarified what that entails or why biometrics are needed for employment-based petitions.
Is this a new policy or a one-time occurrence?
There has been no official policy change announcement. However, the trend appears to be growing, with more attorneys reporting similar RFEs.
Can USCIS use AI or social media to flag visa applicants?
It’s not confirmed, but legal experts believe USCIS or DHS may be using AI or big data tools to identify individuals for additional scrutiny.
What are my rights if I receive such an RFE?
You can request that USCIS disclose any adverse information being used. Respond with legal counsel and cite relevant immigration regulations when needed.
What impact does this have on employers?
It creates uncertainty and potential delays in onboarding international talent. Some companies are re-evaluating their H-1B sponsorship strategies.
How can universities and tech firms protect their students and employees?
By staying informed, providing legal support, and advocating for clearer and fairer immigration processes through professional and industry associations.
