A significant issue is emerging among immigration lawyers in the United States as the U.S. Citizenship and Immigration Services (USCIS) begins to request home address information and biometric data from H-1B visa applicants, marking a shift from prior protocols. This change aligns with the intensified enforcement measures of the Trump administration, creating considerable obstacles for international students enrolled in more than 240 colleges and universities nationwide. Immigration officials are now issuing Requests for Evidence (RFEs) in H-1B visa cases, demanding personal information such as home addresses and biometrics, which has raised concerns regarding the agency’s motives. Immigration attorneys have noted that these RFEs are atypical, as biometric data is generally not a requirement for H-1B visa applications. Vic Goel, an immigration attorney at Goel & Anderson, expressed his astonishment at these requests, stating to Forbes, ‘This is highly unusual because biometrics are not typically required for these case types.’ Furthermore, the RFEs frequently lack clear justifications for the information requested, leading to confusion among foreign employers and their legal representatives. Goel recommends against direct responses to these RFEs, referencing 8 CFR 103.2(b)(16)(i), which mandates that the USCIS disclose any unusual information utilized in the decision-making process during the visa application. The USCIS’s revised strategy has sparked apprehensions regarding the agency’s objectives and the potential repercussions for foreign workers and students.
