US Citizenship and Immigration Services (USCIS) is issuing an increasing number of Requests for Evidence (RFEs) in employment-based visa applications, notably for H-1B and I-140 petitions. The RFEs are requiring applicants to submit biometric data, such as fingerprints and photographs, along with detailed residential address histories.
Increase in Biometric RFEs
Previously, biometric collection was typically reserved for adjustment of status applications or cases involving national security concerns. Now, however, biometric requests are being issued to a larger number of applicants, including those who have not filed Form I-485.
In many of the recent RFEs, USCIS is requesting that applicants attend a biometric appointment even if they are not adjusting status through Form I-485, which was previously the most common trigger for such requests. These RFEs also include demands for current and past US addresses, going back years in some cases. The sudden appearance of these requirements has disrupted expectations and led to unexpected delays, especially where applicants or employers were unprepared.
The agency is citing “potentially adverse information” as the reason for these requests, without providing specific details. Concerns are therefore being raised that the lack of transparency could lead to potential misidentification or data errors.
Applicants who receive a biometric RFEs must respond promptly to avoid delays or denials. It’s advisable to take professional advice to understand the nature of the request and ensure your response is fully compliant.
Employers should also be prepared for potential impacts on processing times and consider proactive measures to address these developments.
Implications for Visa Applicants
Increased issuance of RFEs is creating new procedural hurdles for applicants in employment-based visa categories, especially those filing H-1B and I-140 petitions. What makes this development more difficult is the lack of clarity from USCIS about why these requests are being issued and who is being targeted. The mention of “potentially adverse information” without elaboration has caused confusion, especially among applicants with clean records and no prior immigration issues.
Failure to respond to these RFEs promptly and accurately may lead to denials. Unlike other RFE types that may allow for some leeway or clarification, the biometric RFEs are processed with strict deadlines, and missed responses can derail an otherwise approvable case. Applicants should review all personal records for consistency and ensure any past addresses, including temporary housing or shared accommodations, are accounted for. Even small discrepancies could raise flags in a system that now appears to rely more heavily on database matches and third-party screening.
From an employer’s perspective, these developments may lead to disruptions in onboarding timelines or project staffing. Human resources teams and immigration counsel should prepare for these RFEs to become more routine, and build time into the visa process for the added requirements. It may also be prudent to begin collecting residential history and address documentation from sponsored employees early in the process, especially for workers with prior US stays, even on short-term visas.
The increased reliance on biometrics and identity verification suggests that USCIS is shifting more of its vetting processes into the early stages of visa adjudication. Applicants with common names, previous visa refusals or prior overstays (even if resolved) may be more likely to trigger enhanced screening. However, USCIS has not confirmed any clear criteria, leaving applicants to prepare for added scrutiny without guidance.
Need assistance?
The best course of action in response to these RFEs is to be methodical. Respond quickly, ensure all address information is consistent with past visa records and government filings, and if you are uncertain about any aspect, take legal advice immediately. Delays are one issue; denials based on misunderstanding the requirements are far more damaging and much harder to reverse.
For specialist guidance and support on how to respond to an RFE, contact our attorneys.
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
