US now demanding home addresses & biometrics from H-1B visa workers; raises concern
Immigration
authorities in the United States have started issuing Requests for Evidence (RFEs) in H-1B and other employment-based immigrant visa cases, seeking home addresses and biometric data from applicants, according to a Forbes report.
The new development, as per the report, has caused concern among immigration attorneys, as
U.S. Citizenship and Immigration Services
(
USCIS
) has not previously requested such information for these petition types, raising questions about the agency's intent and transparency.
Sudden notice alarms attorneys
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Attorneys representing employers and foreign workers report receiving RFEs in cases involving H-1B and I-140 employment-based petitions. These notices refer to 'potentially adverse information' and seek updated residential addresses, with the stated intention of collecting biometric data.
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'This is highly unusual because biometrics are not typically required for these case types,' Vic Goel of Goel & Anderson told Forbes. 'The RFEs also fail to explain the nature of the adverse information, leaving employers and attorneys in the dark.'
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In one instance, an RFE issued by USCIS stated, 'We have encountered potentially adverse information related to the beneficiary. To continue processing your application or petition, we require an updated address for the beneficiary so that we may collect biometric data.'
This move is unprecedented in the processing of employment-based visa cases, as per immigration professionals. Typically, RFEs are limited to questions about eligibility criteria, not personal addresses or biometric collection.
Immigration officials' advice
Immigration attorneys advise caution in responding to the new RFEs. 'I recommend not responding directly to the RFE by providing the beneficiary's address or scheduling biometrics,' Goel told Forbes. Instead, he suggests citing 8 CFR 103.2(b)(16)(i), which requires USCIS to disclose any derogatory information used in making a decision.
Rising concerns among employers & universities
The timing of these RFEs coincides with heightened enforcement actions by the
Trump
administration, including deportations of international students for minor infractions and social media posts. As of April 18, over 240 U.S. colleges and universities have reported more than 1,550 international students and recent graduates facing changes to their legal status.
According to Forbes, the low annual
H-1B visa
cap and backlogs in green card processing already place significant pressure on employers. A study from the National Foundation for American Policy found that a European teenager is four times more likely to get a seasonal work visa than a foreign graduate student is to receive an H-1B to work in artificial intelligence.
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