According to a new report by Forbes, U.S. Citizenship and Immigration Services (USCIS) has begun issuing Requests for Evidence (RFEs) in some H-1B and employment-based green card cases that include an unexpected demand: residential addresses for the foreign worker, so that the agency can collect biometric data.
For many employers, this is the first time they’ve seen biometrics requested in these case types — and the lack of explanation from USCIS is raising serious concerns.
What’s Changed?
Employers sponsoring foreign workers through the H-1B visa program or I-140 immigrant petitions are receiving RFEs that mention “potentially adverse information” about the beneficiary. Rather than asking for missing documents or evidence of eligibility — the usual RFE approach — these notices ask for the employee’s current home address for the purpose of biometric collection.
Biometrics (fingerprinting, photo, and so on) are typically reserved for adjustment of status, asylum, or removal-related proceedings — not for nonimmigrant work visa petitions. This shift points to either a new enforcement strategy or an unannounced policy change. Either way, the change introduces a new layer of complexity to a process that is already highly regulated and time-sensitive.
Why This Matters to HR and Legal Teams
If your company sponsors international talent, these RFEs represent more than a paperwork issue — they raise legal and ethical questions:
- What is the “adverse information” referenced?
- Why is biometrics collection suddenly being required?
- Could this lead to enforcement actions, like arrests or deportations?
- Is there AI or data surveillance involved in identifying flagged individuals?
What Employers Can Do Now
While USCIS has issued no formal guidance about these new RFEs, here are practical steps HR and legal teams can take:
- Don’t panic — but don’t rush. If you receive one of these RFEs, don’t immediately send new personal information. Work with counsel to assess the best course of action.
- Request clarification from USCIS. Petitioners may be within their rights to ask USCIS to disclose the specific adverse information that triggered the RFE.
- Document everything. Keep track of these requests in case your legal team needs to follow up with USCIS or flag a broader issue.
- Brief leadership. Let team leads know that unexpected USCIS activity is happening and could impact future hiring or employee retention.
For now, HR leaders may want to monitor these developments closely. Until USCIS provides more clarity, it’s important to work with legal counsel to ensure your company responds appropriately and remains informed about any potential changes to the employment-based visa process.