Immigration attorneys are describing this development as a worrying departure from standard procedures, raising significant questions regarding transparency, due process, and the privacy of applicants' personal information.
In contrast to typical RFEs that seek clarification on eligibility criteria such as educational qualifications or employer details, these novel requests cite nebulous "potentially adverse information" without providing any specific context or explanation. This lack of clarity leaves applicants and their legal representatives in the dark about the underlying reasons for the unusual demands.
Legal experts highlight that the collection of biometric data, such as fingerprints and photographs, is generally reserved for individuals seeking asylum or lawful permanent residency (green cards), not for those applying for temporary work visas like the H-1B. The expansion of biometric data collection to these employment-based categories represents a significant shift in USCIS practices.
In light of these perplexing RFEs, immigration attorneys are strongly advising recipients against providing the requested information prematurely. Instead, they are recommending that applicants, through their legal counsel, formally request full disclosure of any adverse information that USCIS is relying upon. This right to information is protected under regulation 8 CFR 103.2(b)(16)(i), which ensures applicants have the opportunity to review and respond to any unfavorable evidence considered by the agency.
The potential ramifications of these unusual RFEs could be far-reaching, impacting a wide spectrum of individuals and entities. This includes current H-1B visa holders, individuals with pending I-140 immigrant petitions, the employers who sponsor them, and international graduates in critical fields such as science, technology, engineering, mathematics (STEM), and artificial intelligence (AI).
Disturbing reports indicate that over 1,500 students and graduates from more than 240 U.S. educational institutions are already facing legal disruptions, potentially linked to these new USCIS inquiries.
Given the serious implications and the deviation from standard immigration procedures, experts are urgently advising anyone who receives such an RFE to seek immediate consultation with a qualified and experienced immigration attorney to understand their rights and formulate an appropriate response. The lack of transparency surrounding these requests underscores the need for expert legal guidance to navigate this evolving situation.