Are H-1B visa holders in trouble again? Things to know before facing US immigration officers
The US immigration authorities have sought home addresses and biometric data from applicants in connection with H-1B and other employment-based immigrant visa cases. This is being done by issuing Requests for Evidence (RFEs).
For such petitions, the US Citizenship and Immigration Services (USCIS) has not sought such information in the past cases.
Here is a look at five points to know about the latest move:
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What do H-1B visa holders need to know?
In the US, H-1B program holds an annual federal cap of around 65,000 new visas, with industries such as finance and technology being among top users of the program, as per the USCIS. Individuals, who have a master's degree or higher in the US, get counted among the additional 20,000 petitions that remain exempted from the limit.
Last year, big giants like Google and Meta as well as Elon Musk-owned Tesla hired thousands of workers with the help of this program, which has received support from US President Donald Trump as well.
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However, this comes as the federal administration in the US has revoked hundreds of visas, which are mostly students.
Immigration attorneys express concern
This looks like an unprecedented move as the USCIS has not made such a request earlier. As a result, the latest development has raised significant concerns among the immigration attorneys.
This possibly adds on to 'Trump admin plans to identify and deport people here (in the US) lawfully," market research non-profit nfpResearch said.
Vic Goel of Goel & Anderson firm told Forbes that it was a "highly unusual" move from the authorities as "biometrics are not typically required for these case types."
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What is a Request for Evidence?
This formal notice gets issued by USCIS when it seeks more clarification for evaluating a petition, according to Newsweek.
The report added that this is not a "denial", but remains a part of the process of making petitioners take care of inconsistencies in their respective applications. Official guidelines state that it should be mentioned clearly in the document what eligibility criteria has not been met and suggest what is required to meet the eligibility criteria.
What do RFEs say?
As per the Newsweek report, these RFEs are related to the agency's claim about possession of "adverse information" regarding some of the individuals.
A USCIS adjudicator wrote that they have "encountered potentially adverse information related to the beneficiary."
For the same, they have asked for an "updated address" to collect biometric data.
What can H-1B holders expect?
This comes amid a major crackdown by the Donald Trump administration to deport international students. Data from Inside Higher Education indicates that over 240 colleges and other educational institutions have reported that more than 1,550 international students as well as recent graduates got their legal status altered by the US State Department in recent times.
FAQs
Q1. What happens next after the RFEs?
A1. The situation is being monitored by the immigration attorneys and advocates in the US. They have urged visa beneficiaries to respond to the RFEs promptly.
Q2. How many H-1B visas are issued in the US in a year?
A2. This program holds the annual federal cap of 65,000 new visas.
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