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US immigration authorities have started issuing Requests for Evidence (RFEs) in H-1B and other employment-based immigrant visa cases, seeking residential addresses and biometric data from beneficiaries. The unprecedented move has raised red flags among immigration attorneys, as the U.S. Citizenship and Immigration Services (USCIS) has not previously required such information for these categories of petitions, according to a report by Forbes.
Attorneys Caught Off Guard by Unusual Notices
Legal representatives for both employers and foreign nationals say these new RFEs cite “potentially adverse information” and request updated home addresses, with the stated goal of collecting biometric data.
“This is highly unusual because biometrics are not typically required for these case types,” said Vic Goel of Goel & Anderson in an interview with Forbes. “The RFEs also fail to explain the nature of the adverse information, leaving employers and attorneys in the dark.”
In one such instance, a USCIS-issued 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 professionals say this kind of language and request is not standard in the processing of employment-based visa cases. Normally, RFEs are confined to eligibility-related inquiries, and do not involve requests for residential details or biometric procedures.
Legal Experts Advise Caution in Responses
Attorneys are advising employers to proceed carefully in responding to the new RFEs.
“I recommend not responding directly to the RFE by providing the beneficiary’s address or scheduling biometrics,” Goel advised. Instead, he suggests invoking 8 CFR 103.2(b)(16)(i)—a regulation that requires USCIS to disclose any derogatory information it uses in decision-making.
This, attorneys argue, could help protect clients from responding blindly to vague accusations or unclear procedural shifts.
Surge in Enforcement Under Trump Administration Adds to Tensions
The timing of these RFEs coincides with a broader uptick in immigration enforcement under the Trump administration, particularly actions affecting international students. According to Forbes, more than 1,550 international students and recent graduates have reported changes to their legal status as of April 18, based on data from over 240 U.S. colleges and universities. In many cases, these actions stem from minor violations or even social media activity.
This climate of heightened scrutiny has amplified concerns among employers and educational institutions. Many are already under pressure due to the limited annual H-1B visa cap and persistent green card backlogs.
A study by the National Foundation for American Policy underscores the disparity: a European teenager is four times more likely to obtain a seasonal work visa than a foreign graduate student is to secure an H-1B visa to work in high-demand fields like artificial intelligence.
