The U.S. Citizenship and Immigration Services (USCIS) is facing criticism after beginning to request biometric data and residential addresses from H-1B visa holders and employment-based green card applicants, a move that attorneys say lacks precedent and transparency.
Unprecedented USCIS Biometric Request Raises Legal Questions
According to Forbes and Newsweek, the agency recently issued Requests for Evidence (RFEs) without prior notice, asking for information not previously requiredโsuch as current addresses and biometric dataโfrom H-1B holders and I-140 petition beneficiaries. Immigration lawyers described the action as highly unusual and confusing for both applicants and legal counsel.
Song Jung-Hoon, an immigration attorney, noted, โUSCIS has never issued RFEs based on the need to verify โadverse informationโ for these categories of applicants.โ He added that USCIS has not explained the nature or source of the so-called adverse information, leaving attorneys unsure how to proceed.
USCIS Lacks Transparency in Requests
Vic Goel, of the immigration law firm Goel & Anderson, said that biometric demands in I-140 cases are unheard of, and the agencyโs failure to disclose the nature of the concerns limits applicants’ ability to respond. He advised that applicants should consider requesting disclosure of the adverse information rather than immediately submitting personal data.
Attorneys explained that adverse information could include criminal records, immigration violations, security concerns, or fraud-related documentationโall of which could justify visa or green card denial.
Expanding Scrutiny Beyond Traditional Targets
Some legal experts suggest the move may reflect a broader enforcement pattern, expanding scrutiny from immigrants with criminal records to those on student visas, H-1B visas, or green card applications.
One lawyer emphasized that this new practice echoes earlier controversial actions to cancel student visas without sufficient justification.
Legal Justification Under Scrutiny
Critics say the latest RFEs deviate from USCISโs usual standards. Kevin Miner, an immigration attorney, stated that typical RFEs are tied to eligibility requirements, but this new policy appears to lack both specific legal grounds and procedural fairness.
Forbes reported that a USCIS officer demanded an I-140 beneficiaryโs most recent address and biometric data after citing the existence of adverse informationโwithout revealing the content or basis of that information.
This has led to widespread concern among legal experts that USCIS may be operating without sufficient transparency or legal justification, putting applicants in a difficult position without clear guidance.
BY KYEONGJUN KIM [kim.kyeongjun1@koreadaily.com]
