Key Highlights
- The New Requirement: Biometrics and Home Addresses
- Why Is This Happening Now?
- Legal Community Reacts: Confusion and Caution
- How Do RFEs Normally Work?
- Impact on H-1B Applicants and Employers
- Broader Context: Recent H-1B Reforms
- Concerns About Transparency and Intent
- Advice for Applicants and Employers
- The Road Ahead: What to Expect?
- Conclusion
The United States runs H-1B work visas for global skilled specialists and changes these regulations quickly. US immigration authorities now ask H-1B applicants for their home addresses and biometric data, despite this being an unusual practice in the immigration field. These changes, combined with law enforcement actions, create issues about government transparency that might reshape US work visa policies.
The New Requirement: Biometrics and Home Addresses
US Citizenship and Immigration Services demands that H-1B workers provide new residence and biometric data as part of the Review for Evidence process. Historically, employers did not need to submit home addresses or biometric records to USCIS unless there were special reasons for processing. The sudden mandatory H-1B and visa process changes surprise everyone involved, including law practitioners.
Immigration lawyers in charge of this process say that the Requests for Evidence (RFEs) ask for personal data for "dubious information" reasons, but do not detail what facts trigger this extreme probe. Visa attorney Vic Goel of Goel & Anderson detailed that the situation differs from regular cases because government departments tend to exempt such applications from biometric needs.
Also Read: US Embassy Manila Tightens Rules: Complete Documents Now Mandatory for Visa Interviews
Why Is This Happening Now?
The introduction of this requirement holds great importance in timing. The immigration agency implemented this standard because the Trump administration wants to increase visa compliance checks and fight immigration fraud. Since April 2025, 240 American colleges have found 1550 international students and graduates whose legal status changed due to additional inspection and enforcement efforts.
The true purpose of Request for Evidence notices remains unclear despite the official reason of dealing with possible adverse information, because applicants and their employers remain anxious about their situation. A growing number of individuals see this as an initial move toward tougher government immigration regulations and expanded monitoring of international employees.
Legal Community Reacts: Confusion and Caution
Lawmakers and attorneys approach this situation carefully because they have concerns about how the RFEs will affect immigrants and their employers. Lawyers instruct their clients to avoid sending requested data to USCIS when they receive Revisions of Finding of Fact (RFEs). According to them, USCIS must reveal all derogatory information it relies upon to process an application under 8 CFR 103.2(b)(16)(i).
According to Goel, immigration attorneys must not react straight to the Requests for Evidence issued by the immigration agency because of agency transparency issues.
The plan exists to shield applicants from supplying information that can work against them even though they lack complete details of why it is necessary.
How Do RFEs Normally Work?
USCIS practice includes using Request for Evidence (RFE) when submitted applications need more evidence and details for evaluation. USCIS asks for evidence through RFEs to verify applicant qualification criteria such as schooling, work terms, and job tasks.
This current RFE surge differs because USCIS asks for unique types of information. Regular work permit applications do not entail disclosing personal home addresses and biometric data since they relate to security risk assessment needs for law enforcement purposes. The lack of clear details in RFEs creates problems for H-1B applicants and their employers to understand.
Also Read: US Immigrant Rights: A Clear Breakdown for New Arrivals
Impact on H-1B Applicants and Employers
The addition of new H-1B requirements makes it more challenging for companies to sponsor foreign talent, which is already facing a tough hiring environment. Most years, the H-1B visa program hits its yearly limit before reaching all its requests. More than 70% of approved visas go to Indian professionals when these numbers are released. Adding review requirements and document needs will make processing slower and older, and create added expenses for sponsors and applicants, while making some companies think twice about accepting foreign talent.
Students coming from other countries and people who have just received their degrees face these challenges at greater levels. Students depend on this transition from F-1 to H-1B visa status to work and live in the United States. Additional RFEs pose a risk of interrupting the route to H-1B visas, which could result in immigration oversight violations or force people to leave the country.
Broader Context: Recent H-1B Reforms
The new program adds to recent changes made to the H-1B on January 17, 2025. These changes include:
-
The government clarified that only degree programs should lead to the specific professional skills required in work duties.
-
The US government created seamless travel periods between F-1 status and H-1B work permission to protect students from reverting to student status.
-
The government should add stronger rules to stop companies that send many H-1B applications through the lottery and fine them for their actions.
-
Businesses must present stronger proof of actual employee-worker relationships when filing visa applications.
-
Faster processing timelines for certain petitions.
Despite their goals to make the system fairer, the new RFEs on biometrics and addresses diverge from previous procedures without clear connection to the overall reforms.
Concerns About Transparency and Intent
Indecipherable RFE guidelines make it hard for people to guess what the system builders actually want to achieve. Lawyers think the initiative could serve multiple purposes:
-
Take necessary steps to check applicants further and take appropriate enforcement actions.
-
The information will help officials develop better policy plans and take specific actions in the future.
-
Officials aim their actions to force foreign workers and their companies away from pursuing H-1B visa sponsorship.
Based on National Foundation for American Policy research, a European teenager obtains a seasonal work visa much more easily than foreign AI graduate students who pursue H-1B visas, according to the study. The new Request for Evidence (RFEs) will probably make it harder for qualified professionals to find H-1B visa sponsorship opportunities.
Also Read: US Court Grants Relief to 133 Students After Sudden SEVIS Termination
Advice for Applicants and Employers
Immigration lawyers advise people to follow these recommended actions due to the unclear situation:
- Speak with an immigration lawyer before sending back your home address or biometrics information when USCIS asks for it.
- You have the legal right to know all negative documents USCIS uses for your Request for Evidence per federal law.
- Keep a complete record of all letters and messages you send and receive from USCIS.
- Keep track of new policies and work with professional services when needed.
- Companies should examine and follow their H-1B hiring systems while following the new official rules.
The Road Ahead: What to Expect?
The United States immigration updates will likely bring new changes to the H-1B program in the future. The recent debate about biometric and address data collection could lead USCIS to face legal challenges, while public officials push for more open procedures. People filing H-1B applications and employers need to handle an environment that changes rapidly and includes added tests by government authorities.
Conclusion
US immigration policy has undergone a major development by requiring H-1B workers to provide biometrics and home location information. Different stakeholders in the H-1B process, including immigration lawyers and overseas workers, have questions about who owns this data and why it needs to be collected at this time. The current evaluation of skilled immigration applicants will impact the country's approach to immigration policy over multiple years.
To learn more about the latest immigration news, contact TerraTern right away!