USCIS is requesting home addresses and biometric data in RFEs for H-1B and employment-based petitions, which is not standard procedure.
The agency claims to possess 'adverse information' about certain individuals but provides no specifics, leaving applicants and attorneys in the dark.
Immigration attorneys are advising caution, recommending applicants seek clarity on the 'adverse information' before complying with the requests.
The increased scrutiny coincides with heightened enforcement actions, including deportations of international students for minor infractions.
The H-1B visa program is already highly restrictive, with a low approval rate and significant backlogs, making these new RFEs particularly concerning.
Why this matters: These unusual RFEs add another layer of complexity and uncertainty to the already challenging H-1B visa process. This could deter foreign talent from seeking opportunities in the U.S. and create additional hurdles for employers.
USCIS's recent shift in RFE procedures marks a significant departure from established norms. Traditionally, RFEs are used to clarify eligibility criteria or request missing documentation. The current RFEs, however, focus on collecting personal data without providing a clear justification, causing alarm among legal professionals.
Background Context: The H-1B visa program enables U.S. employers to temporarily employ foreign workers in specialty occupations that require theoretical or technical expertise. Industries like technology, finance, and academia heavily rely on this program to secure skilled talent. The annual federal cap is 65,000 new visas, with an additional 20,000 reserved for those with U.S. master's degrees or higher.
Data and Trends: The Trump administration has previously supported work-based visas, but has also increased focus on deporting international students for minor infractions, protests, and even writing opinion pieces. As of April 18, 2025, over 240 colleges and universities have reported that more than 1,550 international students and recent graduates have had their legal status altered by the State Department.
How to Prepare:
Respond cautiously: Do not immediately provide the requested information. Instead, request clarification on the 'adverse information' from USCIS, referencing 8 CFR 103.2(b)(16)(i).
Seek legal counsel: Consult with an experienced immigration attorney to understand your rights and develop a strategic response.
Document everything: Keep detailed records of all communications with USCIS and any supporting documentation.
Who This Affects Most: This change primarily affects foreign workers seeking H-1B visas and employment-based green cards, as well as the companies that employ or seek to employ them. Universities and research institutions that rely on international talent may also be affected.
Q: What is a Request for Evidence (RFE)?
An RFE is a formal notice issued by USCIS when additional documentation or clarification is needed to evaluate a petition.
Q: Why are these RFEs unusual?
Because they request home addresses and biometric data without explaining the 'adverse information' prompting the request, deviating from standard procedure.
Q: What should I do if I receive one of these RFEs?
Consult with an immigration attorney and consider requesting clarification from USCIS before providing the requested information.
USCIS is requesting additional information from H-1B applicants, signaling a potential shift in policy.
The lack of transparency surrounding these requests raises concerns about due process.
Affected individuals should proceed with caution and seek legal guidance.
The H-1B visa landscape remains complex and challenging, requiring careful navigation.
Do you think this change in USCIS procedure will impact the ability of U.S. companies to attract foreign talent? Let us know in the comments below!
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