The U.S. Citizenship and Immigration Services (USCIS) has recently begun issuing a new wave of Requests for Evidence (RFEs) targeting employment-based immigration petitions such as Form I-129 (Petition for a Nonimmigrant Worker) and Form I-140 (Immigrant Petition for Alien Workers). These RFEs request updated residential addresses for beneficiaries, citing the need to collect biometric information due to “potentially adverse information.”
For our corporate clients and global talent sponsors, this trend is a critical development that must be addressed with precision and legal clarity.
Understanding the New RFE Language
USCIS RFE s are now including the following language:
“We have encountered potentially adverse information related to the beneficiary. To continue processing your application or petition, we require an updated address for the beneficiary so that we may collect biometric data.”
This marks a significant procedural shift, as RFEs for biometric data collection are not traditionally issued in this manner unless there are security concerns or missing information in the record.
Why This Matters for Employers
If your company has filed an I-129 or I-140 for a foreign national employee, and you receive this kind of RFE, it could indicate that USCIS is investigating issues that may affect your petition’s outcome. Importantly, according to 8 CFR 103.2(b)(16)(i), USCIS must disclose any derogatory information that may result in an adverse decision and give the petitioner a chance to rebut or clarify.
Recommended Corporate Action
When receiving an RFE of this nature, companies should:
- Promptly Respond: Submit the beneficiary’s most recent and accurate U.S. residential address.
- Request Transparency: Cite 8 CFR 103.2(b)(16)(i) and formally request disclosure of the “adverse information” referenced in the RFE.
- Consult Immigration Counsel: Before responding, consult your legal team to assess the potential risks and prepare a strategic response.
- Prepare Beneficiaries: Inform the beneficiary of the potential risks at biometric appointments. While rare, detentions by U.S. Immigration and Customs Enforcement (ICE) have occurred in isolated cases during USCIS in-person visits.
What This Means for Foreign Investors and HR Leaders
Employers and multinational investors should view this development as a reminder to maintain full legal compliance and ensure the accuracy of all information filed with USCIS. These RFEs may be part of a broader enforcement strategy to verify eligibility and vet foreign workers more rigorously.
Ahluwalia Law Offices continues to monitor developments closely and is available to guide your business through this evolving landscape.
If your company has received one of these USCIS RFE s—or anticipates a need for expert immigration counsel—contact us immediately for tailored legal guidance.
