The United States Citizenship and Immigration Services (USCIS) is issuing unusual Requests for Evidence (RFEs) in employment-based visa cases, including H-1B and I-140 petitions, asking for applicants’ home addresses and biometric data.
Immigration attorneys call this a troubling shift, raising concerns about transparency, due process, and data privacy.
Unlike typical RFEs that focus on eligibility—like education or employer details—these new notices reference vague “potentially adverse information” without explanation.
Legal experts warn that biometric data is usually reserved for asylum or green card cases, not temporary work visas.
Attorneys advised recipients not to respond hastily. Instead, they recommended requesting full disclosure of any negative information USCIS is using, citing regulation 8 CFR 103.2(b)(16)(i), which ensures applicants can address such claims.
The impact could be wide, affecting H-1B holders, I-140 applicants, employers, and international graduates in STEM and AI.
Reports say over 1,500 students and grads from 240+ U.S. schools are already facing legal disruptions.
Experts urged anyone receiving these RFEs to consult a qualified immigration attorney immediately.