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?
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.
