USCIS Begins Biometric Collection for Some H-1B Cases: What To Expect

Published: May 27, 2025

What happens when you receive a request for evidence (RFE) on your H-1B petition? The US Citizenship and Immigration Services (USCIS) directly issues this request when more detailed information or documents are needed to finalize a decision on an H-1B case. 

In most cases, USCIS issues RFEs to verify whether the role or beneficiary qualifies for the criteria of a specialty occupation. However, USCIS adjudication standards are subject to change due to various factors, resulting in different levels of scrutiny for the H1-B program. Recently, H-1B petitions have started facing unusual requests for additional evidence.

Unlike typical RFEs, new inquiries demand residential addresses to collect an H-1B beneficiary’s biometric information. This recent trend triggers layers of uncertainty and intricacy to an already restrictive immigration process. While many questions remain unanswered, here’s what H-1B employers and applicants can expect so far. 

Unclear Purpose of the New Data Requests

Under 8 CFR § 103.2(b)(16)(i), USCIS must inform the petitioner or applicant of any derogatory information used to come up with an adverse decision. However, the recent requests for collecting biometric data in certain H-1B cases don’t indicate any source of their origin or intended purpose. 

It’s also particularly concerning that these inquiries frequently reference claims of “potentially adverse information” to justify the RFE without clarifying what it entails. As a result, it’s challenging to provide an adequate response or defense against potentially incorrect claims without knowing the source or details of that information. 

Extensive Immigration Enforcement and Surveillance

Since the recent RFEs appear to collect biometric data, such as facial photos and fingerprints, H-1B applicants can anticipate heightened examination for immigration enforcement and surveillance. USCIS will likely cross-check beneficiaries against government databases, from their immigration history to criminal records, using their biometrics. 

Potentially Longer H1-B Processing Times

Receiving these unusual requests can extend the processing time of your H-1B application. Although not publicly confirmed in detail, there’s an in-person biometric appointment after providing the beneficiary’s residential address information in response to the RFE. 

These additional steps can be a significant challenge for H-1B employers with urgent onboarding needs and applicants nearing their immigration status expiration dates. Failure to respond promptly and accurately can also lead to your petition being denied. 

No Formal Public Guidance from USCIS

As of writing, USCIS hasn’t released any official guidance clarifying its new practice of collecting biometric data in H-1B petitions and other employment-based cases. Likewise, no announcement of new rulemaking has been published in the Federal Register. 

The agency is still issuing these requests without specifying their criteria or scope, handling each case on an individual’s circumstances. This lack of transparency raises serious concerns about the appropriate ways to respond and the corresponding implications in the long term. 

What H1-B Employers and Applicants Can Take Now

The recent USCIS practice of requesting residential addresses and biometrics in H-1B cases deviates from its standard processing procedures.

Without clear reasons for biometric collection or what “adverse information” refers to, many are uncertain about how to respond and what to expect from these new RFEs. While waiting for formal guidance, H-1B employers and applicants can proactively take the following steps:

• Consider submitting a formal request to USCIS to provide specific details on “potentially adverse information” mentioned on recent RFEs. 
• Keep comprehensive records of these requests, should you need to pursue follow-ups with USCIS or highlight a broader concern. 
• Exercise caution when sharing personal information not specifically requested or relevant to your petition. 
• Acquire legal guidance from a Los Angeles immigration lawyer to develop a strategic response that adheres to USCIS requirements while protecting your rights. 
• Remain informed about policy changes in processing H1-B applications. 

Ensure a Successful H-1B Petition With ALG Lawyers

Any minor change in the USCIS procedures can affect your immigration goals and strategies. While the purpose and guidance for new RFEs and biometric collection in H-1B cases remain unclear, building a strong application from the outset can help lower the risk of setbacks and additional scrutiny. 

Expert guidance from a credible Los Angeles immigration lawyer is crucial for ensuring compliance, whether you’re initiating a new H-1B petition, responding to an RFE, or undergoing an urgent biometric appointment. Request your first consultation now. Our team at ALG Lawyers provides case-specific solutions to address your immigration concerns.