Washington, D.C.— In a significant policy shift, the U.S. Citizenship and Immigration Services (USCIS) has begun issuing Requests for Evidence (RFEs) to H-1B visa applicants, requesting personal residential addresses and biometric data. This move, first reported by Forbes, has raised concerns among immigration attorneys and the Indian diaspora, who constitute a substantial portion of H-1B holders in the U.S.
Key Facts:
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USCIS is now requesting biometrics, including fingerprints and facial photos, from H-1B applicants—a departure from standard procedure.
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The agency cites "potentially adverse information" but does not specify details, leaving applicants and attorneys in the dark.
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These RFEs have been issued over the past two weeks, affecting numerous applicants, particularly those from India.
The sudden issuance of these RFEs has left many applicants bewildered. Immigration attorney Vic Goel noted that his clients, some with no criminal records or prior issues, are receiving these notices without clear explanations. "What it is needlessly doing is creating an atmosphere of fear," he said.
The lack of transparency has raised concerns among legal experts. Sharvari Dalal-Dheini from the American Immigration Lawyers Association highlighted that such notices are unusual and typically provide specific details, which are absent in these cases.
This increased scrutiny comes amid broader immigration enforcement efforts by the Trump administration, which has also targeted international students and other visa holders. The implications for the tech industry, which heavily relies on H-1B workers, are significant, especially in areas like Silicon Valley.
The H-1B visa program, established in 1990, allows U.S. employers to hire foreign workers in specialty occupations. Indian nationals constitute a substantial portion of H-1B recipients, making these developments particularly impactful for the Indian community in the U.S.
"What it is needlessly doing is creating an atmosphere of fear," said immigration attorney Vic Goel, expressing concern over the unexplained RFEs.
The unexpected RFEs and lack of clarity from USCIS have left many H-1B visa holders, especially from the Indian diaspora, anxious about their future in the U.S. Legal experts advise affected individuals to consult with immigration attorneys to navigate these developments.
Do You Know?
During the Trump administration, H-1B visa denial rates for initial employment surged from 6% in FY 2015 to 24% in FY 2018, while the rate of Requests for Evidence (RFEs) nearly doubled from 22.3% in FY 2015 to 40.2% in FY 2019.
Key Terms:
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H-1B Visa: A non-immigrant visa allowing U.S. employers to hire foreign workers in specialty occupations requiring theoretical or technical expertise.
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Request for Evidence (RFE): A formal request from USCIS for additional information to make a decision on an immigration application.
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Biometrics: Biological data, such as fingerprints and facial images, used for identity verification.
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USCIS: U.S. Citizenship and Immigration Services, the federal agency overseeing lawful immigration to the United States.
Check Also: https://www.forbes.com/sites/stuartanderson/2025/04/21/immigration-service-targets-h-1b-visa-holders-for-adverse-information/