This article was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Loan Huynh is an active member.
According to reports, U.S. Citizenship and Immigration Services (USCIS) has begun issuing Requests for Evidence (RFEs) seeking home addresses for the purpose of collecting biometric data in H-1B and I-140 employment-based petitions, raising concerns. The RFEs refer to “potentially adverse information.”
“This is highly unusual because biometrics are not typically required for these case types. The RFEs also fail to explain the nature of the adverse information, leaving employers and attorneys in the dark,” said Vic Goel, of Goel & Anderson. Mr. Goel advises “not responding directly to the RFE by providing the beneficiary’s address or scheduling biometrics.” Instead, he said, “the attorney or petitioner should respond by citing 8 CFR 103.2(b)(16)(i), which requires USCIS to disclose any derogatory information being used as a basis for an adverse decision.”
