Key Points
- USCIS is issuing new biometric RFEs in H-1B and employment-based green card cases
- RFEs request address history and biometric data, such as fingerprints
- Applicants must respond to avoid the risk of denial
Overview
US Citizenship and Immigration Services (USCIS) has started issuing Requests for Evidence (RFEs) for biometric collection in certain employment-based immigration cases. Affected categories include H-1B nonimmigrant workers and applicants for permanent residency through employment-based green card categories. These RFEs request updated home address history and biometric data, including fingerprints and photographs.
USCIS has stated that these RFEs are issued based on “potentially adverse information” identified during background checks. However, in many instances, the RFEs do not specify the nature of this adverse information. This ambiguity has raised concerns among employers, immigration professionals, and foreign nationals regarding potential misidentification or misunderstandings within the screening process.
Applicants receiving such RFEs must respond by the stated deadline. Failure to comply can result in the denial of an application or petition. If the RFE lacks specific details, applicants are encouraged to request clarification from USCIS and consult legal counsel to ensure full compliance and to assess the nature of the alleged concerns. These additional checks indicate heightened scrutiny in employment-based immigration cases, reflecting broader national security and fraud prevention priorities.
Looking Ahead
Employers and foreign national workers should anticipate increased biometric-related RFEs and ensure accurate documentation is readily available for submission. Proactive compliance and consultation with experienced immigration counsel will be key in mitigating risks and avoiding disruptions to immigration processes. Legal teams should monitor whether this trend extends to other visa categories and adjust their internal case preparation protocols accordingly.
Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. If you want guidance on how this information may impact your particular situation and are a client of the Corporate Immigration Partners, PC, consult your attorney. If you are not a CIP client, consult another qualified professional. This website does not create an attorney-client relationship with CIP.
