HSD Immigration Lawyer would like to inform clients of an emerging trend impacting employment-based immigration petitions. The American Immigration Lawyers Association (AILA) has recently reported an increase in Requests for Evidence (RFEs) issued by USCIS on cases such as Form I-129 (H-1B petitions) and Form I-140 (Immigrant Petitions for Alien Workers). These RFEs request updated beneficiary addresses in order to schedule biometrics collection appointments.
What Do the RFEs Say?
The RFEs typically state:
“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. Please submit the beneficiary’s current and updated residential address.”
This language has understandably caused concern among employers and beneficiaries, particularly when the beneficiary’s address was already provided in the original petition.
USCIS’s Response and Justification
Following inquiries from AILA, USCIS issued a public response on May 1, 2025, reiterating comments made by spokesperson Matthew Tragesser. According to USCIS:
“Collecting beneficiary information and biometric data is a necessary part of USCIS’s efforts to promote national security and public safety and to mitigate fraud… Even if an address is provided on Form I-140, an RFE can be issued for the beneficiary’s address if the adjudicating officer believes there is a need to re-confirm the address is accurate and has not changed.”
This marks a return to more rigorous vetting procedures that were emphasized during the Trump Administration.
What You Need to Know
- Responding to RFEs is essential, even if the requested information seems repetitive or was already provided. Failure to respond can result in petition denial.
- The RFE may cite “potentially adverse information” without disclosing specifics. Petitioners have the right to request disclosure of such information under 8 CFR §103.2(b)(16)(i). This regulation requires USCIS to give petitioners a chance to rebut any derogatory evidence unknown to them that may impact their case.
- USCIS is not required to disclose information considered sensitive or protected, but a response requesting transparency is permitted.
No Arrests Reported at Biometrics Appointments — But Remain Cautious
As of now, AILA has not received any reports of arrests or detentions resulting from these biometrics appointments. However, due to past incidents at USCIS offices, beneficiaries should attend these appointments with caution and contact legal counsel if any concerns arise.
RFEs Issued in Error — Especially in Consular Processing Cases
Some RFEs have been reported in cases where the beneficiary is awaiting consular processing abroad. USCIS has acknowledged that these RFEs were issued in error. If you or your employee receives an RFE or biometrics notice that seems incorrect or inapplicable, we recommend contacting USCISFeedback@uscis.dhs.gov for written clarification. Our office can assist with this outreach if needed.
Recommendations for Clients
- Contact us immediately if you receive an RFE related to address verification or biometrics.
- Do not ignore a biometrics appointment notice, even if it seems unexpected.
- Keep us informed if the beneficiary attends an appointment so we can track case developments and outcomes.
- Report irregularities—such as consular cases being asked to appear for biometrics in the U.S.—to your attorney.
Conclusion
This new RFE trend reflects heightened scrutiny and procedural changes at USCIS, particularly in employment-based immigration. While concerning, most of these RFEs are procedural and not indicative of serious allegations. However, every RFE must be taken seriously to avoid delays or denials.
HSD Immigration Lawyer will continue to monitor developments and provide updates as new information becomes available.
If you have received one of these RFEs or have questions about a biometrics notice, please immediately contact one of our offices in Chicago, IL, Naperville, IL, Raleigh, NC, or Clark, NJ, for guidance.
At HSD Immigration Lawyer, we specialize in complex employment-, investment- and family-based immigration matters.