Key Takeaways
• USCIS began issuing RFEs for biometrics and home addresses in select H-1B and employment-based petitions starting early 2025.
• RFEs cite “potentially adverse information” but do not specify details, causing confusion and concern among employers and applicants.
• This marks a major departure from past H-1B practices, where biometrics were not required unless for specific other visa categories.
Starting in early 2025, U.S. Citizenship and Immigration Services (USCIS) has surprised many in the immigration world by issuing new Requests for Evidence (RFEs) in some H-1B visa and employment-based immigrant petitions. These RFEs ask for the worker’s current home address and collection of biometric data, which includes things like fingerprints. This is a big change from the way things have usually been done, and it has attracted the attention—and concern—of employers, lawyers, and visa holders. The move has especially caused confusion because there is no public explanation or guideline from USCIS on the reasons for this new step.
What Are Biometrics and Why Do They Matter Now?

Biometrics are physical characteristics, such as fingerprints or facial photos, that the government uses to confirm a person’s identity. In the past, H-1B applicants usually did not need to provide biometrics. This was different from other types of immigration benefits, such as green card applications, which do need biometrics as a standard part of the process.
So, why the change now? According to reports, USCIS has sent out RFEs that focus on collecting this personal information in H-1B and other employment-based cases. Instead of asking about the applicant’s job duties or education, as usual, these new RFEs demand proof of where the person lives and ask them to come in for fingerprinting. In many cases, the RFE mentions “potentially adverse information” but does not give any clear detail about what this means or where the information came from.
As reported by VisaVerge.com, the lack of clear rules and the sudden nature of these changes has caused many to wonder what is happening behind the scenes.
Why Is USCIS Requesting Biometrics Now?
USCIS says these requests are because of “potentially adverse information” found while they review each case. However, neither the person applying for the visa nor their lawyer is told what this negative information is or how USCIS found it. This leaves them in the dark, making it hard to know how to respond, and raises questions about fairness and transparency.
Immigration lawyers and some news outlets believe that USCIS could be using tools that take large amounts of data to find things about applicants—even possibly looking at their social media or digital footprints. However, there has been no official confirmation of this theory. There has not been a public announcement of a new policy that says biometric collection is now standard for H-1B applicants. Still, more and more people are reporting receiving these unusual RFEs, suggesting it could be the start of a new trend.
How Is This Different From Before?
Traditionally, RFEs for H-1B petitions focused on basic eligibility issues. USCIS might ask for more proof of an applicant’s education, a better description of the job, or evidence the company can pay the stated wage. Biometrics were not part of this process, so this sudden new focus is very different.
Here is a quick comparison:
Aspect | Traditional H‑1B RFE | New (2025) RFE Practice |
---|---|---|
Main Focus | Proof of eligibility | Home address and biometrics |
Typical Reason Given | Missing or unclear evidence | “Potentially adverse information” |
Transparency | Clear, concrete reason | No clear reason or detail |
How Often? | Common practice | Unusual and now growing |
This table shows the big change between the old and new requests from USCIS.
Why Does This Matter for Employers?
For U.S. employers who depend on the H-1B program to bring in global talent, these changes come with some real worries:
- Unexpected Requests: Because these biometrics RFEs are new, there are no clear instructions for employers or lawyers who receive them.
- Lack of Transparency: Employers can’t prepare if they don’t know what could trigger this extra step, or what USCIS thinks is “adverse information.” The lack of explanation also makes planning difficult.
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Longer Processing Times: Adding biometrics collection means more steps and, usually, more waiting. This can delay when a skilled worker can start or continue working.
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Impact on Recruitment: Worries about delays or extra scrutiny may make some skilled foreign workers less willing to accept U.S. job offers, especially at a time when technology and other fast-growing fields compete for top talent.
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Legal Needs: When faced with this new RFE, companies and applicants should not answer alone. Instead, professional immigration legal help is needed right away to protect privacy and challenge anything unfair in the process.
VisaVerge.com’s investigation reveals that, for now, these RFEs are being issued without any published rule, and there is little employers can do except wait for more clarity or new guidance.
What Can Employers and Applicants Do If They Get a Biometrics RFE?
If an employer or visa applicant gets one of these new RFEs asking for biometrics, here are important steps to follow:
- Get Legal Advice: Do not handle these RFEs on your own. An experienced immigration lawyer can help you prepare a careful response.
- Request More Information: Your lawyer can ask USCIS to reveal what “adverse information” they think they have found.
- Be Ready to Attend a Biometrics Appointment: If the RFE asks you to go for fingerprinting or give a photo, treat this seriously. Make sure you check the location and date closely.
- Protect Privacy Rights: In your response, ask for all privacy rules and safeguards to be followed, and check the RFE for any overreach or request that feels too broad.
It might also be helpful to review the latest guidance and policy updates directly from the USCIS Policy Manual, which is the official place for rules and updates on how immigration cases are handled.
Are Biometrics Normally a Requirement for H-1B Petitions?
No, biometrics have not traditionally been a part of the H-1B process. Instead, these checks are more common in other immigration categories, such as green card (permanent resident) applications or some types of travel permits. This is why the new wave of RFEs is such a surprise.
Even those working in employment-based green card cases have rarely been asked for biometrics unless there was a special reason, such as background check questions. Now, however, the new requests mention “potentially adverse information” but do not say what triggered the concern or how it affects the case.
Could This Change Be Linked to Other Immigration Enforcement Trends?
The timing of these new RFEs is sensitive. At the same time, authorities have increased enforcement in other parts of immigration, including more deportations for even minor legal problems. Some experts point out that these new biometrics demands are also separate from recent pushes to check that foreign workers follow registration laws (requiring them to keep their address information updated with the government). Usually, these are handled by the arrival records, called I-94s, which many H-1B holders complete when arriving in the United States 🇺🇸 on their visas.
So, the new biometrics requests stand apart from these longer-standing requirements and may reflect something new underway at USCIS.
Lack of Clear Policy and Growing Concerns
Legal experts and employer groups agree that a change of this size should come with a public notice. Right now, the sudden increase in biometrics-based RFEs has come without any official public statement or explanation. People are left guessing whether this is a “pilot” program, an unannounced new policy, or just the result of new technology identifying some group of cases for extra checking.
There are also concerns over fairness. When someone gets an RFE about “adverse information,” but the government does not say what this is, the person has almost no way to argue against it or correct a mistake. This makes many experts worry about due process—the basic right to know what is being held against you in a legal situation.
Unfortunately, neither employers nor applicants have a clear timeline for how long this phase will last or what future policy announcements might bring.
How Might This Affect the United States 🇺🇸 in the Long Run?
For highly skilled immigrants, especially those in sought-after fields like engineering, data science, or medicine, the H-1B program has long been a doorway into the United States 🇺🇸 to fill jobs that help keep the country’s businesses growing. If this new process leads to more delays or unclear denials, the U.S. could lose out on talented workers who choose jobs in other countries with simpler or faster visa systems.
For employers, the increased wait times and unclear rules add more risk to the hiring process. Small firms may lack the resources to fight unclear government actions. Even large companies will need to rethink their hiring timelines or invest more in legal help, further raising costs.
What Should You Watch for Next?
Anyone involved in hiring H-1B workers or applying for these visas should be on the lookout for further changes. This includes:
- Watching for official public statements or policy changes by USCIS.
- Staying in close contact with immigration professionals to be updated on new trends or unofficial shifts in how cases are handled.
- Reviewing any RFE or request for personal information with care, and keeping documentation about all steps taken in response.
Employers and foreign workers can also look to regular updates and fact sheets posted by USCIS, which is the best source for any changes to H-1B rules or processing steps.
Final Takeaways
The sudden use of biometrics RFEs in some H-1B and employment-based immigration cases marks a sharp departure from standard practice. As of now, neither employers nor visa holders have clear answers about why this is happening, how USCIS is deciding whose cases are flagged, or what information is prompting this extra attention. Each party should respond quickly and thoughtfully through proper legal channels.
While this trend is still new, its impact on processing times, privacy, and the reputation of the U.S. as a destination for global talent could be large if it continues or grows. Everyone involved should monitor the situation, seek professional advice when needed, and make sure all privacy and procedural rights are respected in responding to USCIS requests.
For now, staying alert and informed is the best step. Use trustworthy sources like the ones mentioned above—and, when in doubt, reach out to professionals with deep experience in U.S. immigration. This will help reduce surprises and protect everyone’s rights, no matter how the situation develops.
Learn Today
USCIS → The U.S. Citizenship and Immigration Services, responsible for handling immigration, naturalization, and visa processing in the United States.
Biometrics → Physical characteristics such as fingerprints or facial photos collected by government agencies to confirm a person’s identity.
Request for Evidence (RFE) → An official notice from USCIS asking for additional documents or information to support an immigration application.
H-1B Visa → A nonimmigrant visa enabling U.S. employers to hire foreign workers in specialty occupations like technology, engineering, or medicine.
Potentially Adverse Information → Alleged negative or concerning information identified by USCIS about a visa applicant, often without clear explanation or detail.
This Article in a Nutshell
In early 2025, USCIS shocked employers and H-1B applicants by demanding biometrics with new RFEs. Lack of explanation or transparency worries immigration lawyers and businesses. Delays, privacy issues, and unclear decision-making could impact global talent recruitment, leaving everyone to monitor, seek legal help, and await official policy updates.
— By VisaVerge.com
Read more:
• Trump administration seeks biometrics from H-1B visa holders
• H-1B Salary Concerns in California Affect Indian IT Workers
• L-1 visa: An alternative for those missing the H-1B lottery
• Report H-1B underpayment with Form WH-4 to the Labor Dept
• H-1B visa holders must carry valid ID in the United States