Bad news for Indians as H-1B visa holders in US are being asked to reveal home address and...
Bad news for Indians as H-1B visa holders in US are being asked to reveal home address and...
US H-1B Visa: People working on H-1B visa and other work visas in America are in trouble with the immigration officials starting to issue 'Request for Evidence' (RFEs), in which more information has been sought from the visa applicants. According to Forbes report, officials have asked visa applicants for their home address and biometric data. Immigration lawyers are also worried due to the new rules. They say that earlier USCIS had not asked for answers to such questions.
Lawyers say they are getting RFEs in cases of job-related visas like H-1B and I-140. Getting an RFE means that the authorities need some more information from the visa holders. These notices mention potentially adverse information. This means that the authorities have found some information about the applicant that may go against them. The officials are asking the applicants for their new address so that they can go to their home and collect their biometric data.
Biometrics are not needed: Experts
'This is very strange because biometrics are not usually required for these visas,' Vik Goel of Goel & Anderson told Forbes. He also added, 'The RFEs do not even state what the adverse information is. This leaves both the employer and the lawyer in the dark.' Immigration experts say this has never happened before. Usually, RFEs only ask questions about eligibility, not home addresses or biometric data.
What did the RFEs say?
In an RFE, USCIS said, 'We have received some information about the beneficiary that may be inconsistent with the identity of the beneficiary. In order to process your application or petition, we need the beneficiary's updated address so we can capture biometric data.' The beneficiary is the person who is receiving the visa.
What do immigration lawyers recommend?
Immigration lawyers are advising people to respond to RFEs with caution. 'I would recommend not responding directly to an RFE by providing the beneficiary's address or scheduling biometrics,' Goel told Forbes. Instead, he suggested citing 8 CFR 103.2(b)(16)(i). This rule says that USCIS must be told any information it is using to make a decision.
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