Latest news with #forEvidence
Indian Express
24-04-2025
- Business
- Indian Express
US now demands addresses, biometrics from H-1B visa applicants: Report
US immigration authorities have begun issuing Requests for Evidence (RFEs) in H-1B and other employment-based visa cases, seeking home addresses and biometric data from applicants—an unprecedented move that has immigration attorneys on edge, Forbes reported. These RFEs cite 'potentially adverse information' without clarifying what it entails, prompting legal experts to question the transparency and intent of the US Citizenship and Immigration Services (USCIS). 'This is highly unusual because biometrics are not typically required for these case types,' said Vic Goel of Goel & Anderson. 'The RFEs also fail to explain the nature of the adverse information, leaving employers and attorneys in the dark.' In one example cited by Forbes, an RFE 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.' Immigration attorneys are advising against immediately complying with such RFEs. Goel recommends invoking 8 CFR 103.2(b)(16)(i), a regulation that obliges USCIS to disclose any derogatory information that affects a case. The new demand comes amid increased immigration enforcement and rising anxiety over visa backlogs and H-1B caps. More than 1,550 international students and recent graduates have faced legal status changes at over 240 US institutions since April 18, according to the report. A study by the National Foundation for American Policy highlighted that a European teen is four times more likely to receive a seasonal work visa than a foreign AI graduate student is to secure an H-1B visa.
Time of India
24-04-2025
- Politics
- Time of India
US asks for home addresses, biometrics of H-1B applicants first time ever: 'Highly unusual'
USCIS is seeking home address and biometrics as additional data from H-1B applicants, if there is any 'adverse information' about the applicant. In a fresh trouble for H-1B applicants, federal immigrant authorities are asking for home addresses and biometrics for H-1B and employment-based immigrant petitions, which immigrant lawyers think is highly unusual, as biometrics are not generally required. Immigrant authorities are issuing Requests for Evidence (RFE) for this data. A Request for Evidence is a formal notice issued by the USCIS when additional documents are required for evaluating a petition. It can not be seen as a denial but a standard part of the process if there is any gap in the applications. According to USCIS guidelines, an RFE should clearly outline which eligibility criteria have not been met, explain why existing materials are insufficient, and suggest what additional evidence could help meet the requirements. These requests are quite common if there is a missing documentation, inconsistencies in project details or a lack of supporting evidence. Is it targeting H-1Bs amid crackdown on immigrants? by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Google Brain Co-Founder Andrew Ng, Recommends: Read These 5 Books And Turn Your Life Around Blinkist: Andrew Ng's Reading List Undo Immigration law firm Goel & Anderson's Vic Goel told Forbes this is highly unusual because biometrics are not typically required for these case types."The RFEs also fail to explain the nature of the adverse information, leaving employers and attorneys in the dark. It appears that DHS [Department of Homeland Security] may be using AI tools to flag individuals based on undisclosed data, possibly from social media or other government databases." "We have encountered potentially adverse information related to the beneficiary. To continue processing your application or petition, we required an updated address for the beneficiary so that we may collect biometric data," a USCIS adjudicator wrote in a Request for Evidence, according to Forbes. The "adverse information" part goes along with the crackdown on immigrants by the Trump administration. Secretary of State Marco Rubio recently said making America safe means revoking visas when threats arise. "US visa holders should know in no uncertain terms that the US government's rigorous security vetting does not end once a visa is granted," Rubio said.
Hindustan Times
23-04-2025
- Politics
- Hindustan Times
New H-1B concern: Immigration authorities seeking home addresses and biometrics, all you need to know
Immigration attorneys are currently in a spot of worry after the U.S. Citizenship and Immigration Services (USCIS) has begun requesting for home address details and biometric data from H-1B visa applicants, something that was not the case until sometime ago. The timing of this issue coincides with the enhanced enforcement clampdowns by the Trump administration, which goes on to create major issues for international students studying in over 240 colleges and universities in the United States. According to a recent Forbes report, Immigration officials are filing Requests for Evidence (RFEs) in H-1B visa cases, which needs the applicants to submit their personal data, including their home address as well as their biometrics, and this has raised questions about the federal agency's intent behind all of it. ALSO READ | As Powell vs Trump battle ensues, US stock market hits new lows Immigration attorneys in the United States who represent foreign employees and workers have admitted to receiving these RFEs wherein this kind of data was requested from the applicants for the granting of the visa. Immigration attorney Vic Goel of Goel & Anderson was quoted telling Forbes, "This is a very unusual case since biometrics are not usually required for these kinds of visa application cases." The nature of the RFEs are also not adequately being able to explain the reason or nature behind seeking such information, which is creating quite a bit of confusion for foreign employers as well as their immigration attorneys in the United States. "I do not recommend responding directly to these Requests for Evidence (RFEs) issued by the US immigration authorities", said Goel and insisted instead upon citing the 8 CFR 103.2(b)(16)(i) which says that the USCIS needs to disclose the any unusual information being used to come to a decision during the visa application process.
Time of India
22-04-2025
- Time of India
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 Play Video Pause Skip Backward Skip Forward Unmute Current Time 0:00 / Duration 0:00 Loaded : 0% 0:00 Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 1x Playback Rate Chapters Chapters Descriptions descriptions off , selected Captions captions settings , opens captions settings dialog captions off , selected Audio Track default , selected Picture-in-Picture Fullscreen This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Opacity Opaque Semi-Transparent Text Background Color Black White Red Green Blue Yellow Magenta Cyan Opacity Opaque Semi-Transparent Transparent Caption Area Background Color Black White Red Green Blue Yellow Magenta Cyan Opacity Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Drop shadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Play War Thunder now for free War Thunder Play Now Undo 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. (Join our ETNRI WhatsApp channel for all the latest updates) '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.' Live Events MORE STORIES FOR YOU ✕ « Back to recommendation stories I don't want to see these stories because They are not relevant to me They disrupt the reading flow Others SUBMIT 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.
Forbes
21-04-2025
- Business
- Forbes
Immigration Service Targets H-1B Visa Holders For Adverse Information
A U.S. Citizenship and Immigration Services sign. Immigration officials are issuing Requests for ... More Evidence for H-1B and employment-based immigrant petitions asking for home addresses and biometrics. The development worries attorneys because U.S. Citizenship and Immigration Services has not made such requests previously. (el Nuevo Herald) Immigration officials are issuing Requests for Evidence for H-1B and employment-based immigrant petitions asking for home addresses and biometrics. The development worries attorneys because U.S. Citizenship and Immigration Services has not made such requests previously. The requests are connected to USCIS claiming the agency has 'adverse information' on individuals. It remains unclear if Trump officials have added employment-based visa applicants to its plans to identify and deport people lawfully in the United States or if the requests serve another purpose. When filing petitions for H-1B visas and I-140s for employment-based green cards, attorneys have received Requests for Evidence referencing 'potentially adverse information.' The RFEs ask for the beneficiary's residential address so USCIS can collect their biometric information. 'This is highly unusual because biometrics are not typically required for these case types,' said Vic Goel of Goel & Anderson. 'The RFEs also fail to explain the nature of the adverse information, leaving employers and attorneys in the dark. It appears that DHS may be using AI tools to flag individuals based on undisclosed data, possibly from social media or other government databases.' In one Request for Evidence, a USCIS adjudicator wrote: 'We have encountered potentially adverse information related to the beneficiary. To continue processing your application or petition, we required an updated address for the beneficiary so that we may collect biometric data.' It then asks that 'the beneficiary's current and updated residential address' be submitted. 'These RFEs are unusual because they don't follow the process that USCIS historically has applied,' said Kevin Miner of Fragomen. 'Information exchange for most employment-based petitions is done in writing. The company files a petition and explains why the foreign national qualifies for the H-1B or other work-authorized status that is being requested. If USCIS has questions after reviewing that filing, the agency issues a Request for Evidence explaining what remains unclear about the eligibility, and the company then responds.' Miner points out that these Requests for Evidence differ because they do not ask substantive questions. Instead, the requests only state that 'adverse information' about the beneficiary exists and the agency needs biometrics. Attorneys note that biometrics are not a typical part of the H-1B, I-140 or other employment-based petition process. U.S. Citizenship and Immigration Services has not provided any notice about a process change. USCIS did not respond to a request for comment to explain the purpose of the Requests for Evidence. People walk on College Avenue near Tufts University on March 27, 2025, in Medford, Massachusetts. ... More Graduate student Rumeysa Ozturk was arrested by ICE Agents in March. (Photo by) When a government agency introduces new policies without notice, employers, attorneys and affected individuals are left wondering how to proceed. That applies to the current situation. 'For now, I recommend not responding directly to the RFE by providing the beneficiary's address or scheduling biometrics,' said Goel. 'This is because this information is already in the record, and more pointedly because it is unclear why USCIS is asking for it. Instead, the attorney or petitioner should respond by citing 8 CFR 103.2(b)(16)(i), which requires USCIS to disclose any derogatory information being used as a basis for an adverse decision.' Miner agrees with that approach to the Request for Evidences. 'Like responding to any other request for the government, the employer should endeavor to provide USCIS with the information it needs to be able to make an appropriate decision on the employer's request,' he said. 'In some instances, this could include asking USCIS as part of the RFE response to provide more information about what sort of adverse information it has identified about the beneficiary so that the employer can try to address those concerns. Because USCIS has only recently begun issuing these requests, we don't yet know what further steps USCIS will take once the employer responds to the request.' Goel said without transparency about the source and substance of the information, 'petitioners are unable to meaningfully respond or defend' against potentially erroneous allegations. 'USCIS is openly bragging on social media about arresting persons who came into offices for interviews or other normally routine processes, which makes it difficult to advocate that one unwittingly subject themselves to such action.' The USCIS Requests for Evidence occur while the Trump administration deports international students for minor infractions, protests and op-eds, raising alarm bells for employers and universities concerned about attracting talent to the United States. 'As of April 18, over 240 colleges and universities have identified 1,550-plus international students and recent graduates who have had their legal status changed by the State Department,' according to Inside Higher Education. The numbers may be far higher. Immigration attorneys have received injunctions to stop the federal government from deporting or forcing out students. A Congressional commission recently urged lawmakers to create more green cards to attract and retain international students in biotech fields. The last thing employers want is a new policy that makes it more challenging to hire or retain talent. The H-1B visa category is already the most restrictive in the U.S. immigration system, with only 20% of new H-1B applications turned into approved workers under the 85,000 annual limit. According to a National Foundation for American Policy study, 'A European teenager is four times more likely to get a visa to work at a summer amusement park than a graduate student is to receive H-1B status to work for a U.S. company on artificial intelligence.' The low annual allotment and per-country limit for employment-based green cards mean many foreign-born scientists and engineers can potentially wait decades to gain permanent residence. Companies and immigration attorneys are in a 'wait and see' mode, unsure if these unusual Requests for Evidence foreshadow new restrictive measures. 'It is too early to know,' said Kevin Miner. 'These only began a week or two ago, so we haven't seen these progress far enough to understand the purpose of the requests.'
