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USCIS Demands Biometrics and Addresses in Unprecedented Visa Evidence Requests

Immigration attorneys raise concerns over transparency and due process as USCIS cites unspecified 'adverse information' in H-1B and green card petitions.

An information packet and an American flag are placed on a chair at the U.S. Citizenship and Immigration Services Miami Field Office, Friday, Aug. 17, 2018, in Miami.
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Overview

  • USCIS has begun issuing Requests for Evidence (RFEs) for H-1B and employment-based green card petitions, demanding residential addresses and biometric data.
  • The agency references 'potentially adverse information' about applicants but has not clarified the nature of this information or announced any procedural changes.
  • Immigration attorneys advise petitioners to withhold biometric data and instead request disclosure of the alleged adverse information under 8 CFR 103.2(b)(16)(i).
  • Speculation has emerged that DHS may be leveraging AI tools or undisclosed databases, including social media, to flag visa applicants.
  • Employers and universities express alarm over the potential impact on attracting and retaining global talent, especially as international student visa enforcement intensifies.