The U.S. Citizenship and Immigration Services (USCIS) has begun issuing a new and unprecedented form of Request for Evidence (RFE) in connection with H-1B visa and employment-based immigrant petitions. According to a recent Forbes report, these RFEs are requesting home addresses and biometric information from beneficiaries—an unusual step that has alarmed immigration attorneys and employers alike.
The RFEs, which cite “potentially adverse information,” have not been accompanied by any clear explanation of what that information entails. This lack of transparency is particularly troubling to legal experts, as it deviates from standard USCIS procedures and introduces uncertainty into an already complex and restrictive immigration system.
The timing of these RFEs coincides with a broader trend of heightened immigration enforcement under the current administration. Over 240 U.S. colleges and universities have reported that more than 1,550 international students and recent graduates are currently facing changes to their legal status—often due to minor infractions. These actions further exacerbate the challenges faced by foreign nationals and the U.S. employers who seek to retain them.
With the annual H-1B visa cap remaining stringent and green card processing delays compounding issues, the unexpected RFEs are adding a new layer of complexity for businesses navigating the employment-based immigration process. The shift raises questions about whether these developments signal a broader policy change or represent temporary procedural anomalies.
In response, immigration attorneys are advising a cautious approach. Legal expert Goel, cited in Forbes, recommends avoiding direct responses that provide personal details such as addresses or schedule biometrics. Instead, attorneys are urging petitioners to invoke 8 CFR 103.2(b)(16)(i), a regulation that requires USCIS to disclose any derogatory information used in making a decision on a petition. This approach reflects growing concern that the new RFEs represent a break from USCIS’s longstanding practice of written communication and due process.
As these developments unfold, employers, petitioners, and legal professionals remain in a ‘wait and see’ mode. The evolving immigration landscape demands vigilance and adaptability, particularly as stakeholders work to protect the rights of foreign nationals and uphold the integrity of the legal immigration process.
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