USCIS Now Asking EB-1A, EB-2 NIW, I-140, and H-1B Visa Applicants for Home Addresses and Biometrics
If you are planning to apply or have a pending application for an I-140 – regardless of whether or not you have filed for an adjustment of status (I-485)—or I-129, there’s an important update you need to know about. USCIS is now asking some applicants for additional personal information, including your home address history and biometric data like fingerprints and photographs.
This new trend is showing up in Requests for Evidence (RFEs) in Form I-129 and Form I-140 filings and has taken both applicants and immigration attorneys by surprise. Here’s what’s happening, why it matters, and what you should consider if you receive such a request.
What’s changing in I-129 (H-1B) and I-140 (EB-1A, EB-2 NIW, Employment-based green card) processing?
Typically, Form I-129 and Form I-140 Employment Based Green Card applicants have not been required to submit biometric data unless they applied for an I-485 adjustment of status for permanent residency or were involved in active DHS/government investigations or adjudications requiring additional scrutiny. Now, USCIS is requesting biometrics and personal address histories for certain applicants and visa holders as part of the petition process.
These new RFEs often cite “potentially adverse information” as justification or alternatively do not cite any specific reason, but fail to explain further what information triggered the requirement for a biometrics appointment. .
Most recently, we’ve seen a wave of RFEs where USCIS asks I-140 and H-1B applicants for:
- All residential addresses from both U.S. and foreign locations during a specific timeframe
- Biometrics (fingerprints, photos, and in rare cases, signatures)
- Clarifications of employment duties, work location discrepancies, or wage consistency
Why is USCIS requesting this information?
As of April 2025, USCIS has not issued a formal policy memorandum or regulatory update announcing this change. Instead, these RFEs are being issued on a case-by-case basis with minimal explanation.
This raises concerns under 8 CFR § 103.2(b)(16)(i), which requires USCIS to disclose to applicants any derogatory information that may result in an adverse decision—unless it would compromise law enforcement or national security interests.
It is possible that USCIS may use such biometrics information to update their records and profiles of foreign nationals or to assist with further background checks. It is still unknown, however, on exactly how USCIS would utilize this information.
Manifest Law Principal Immigration Attorney, Nicole Gunara spoke about the concerning nature of this new trend:
“At least with I-129 filings for a change of status or extension of stay, there is an argument in favor of USCIS adding biometrics to the process because a person with a criminal record may have become inadmissible or deportable since their last entry to the United States. However, in the I-140 process, the laws and regulations focus solely on the applicant’s professional qualifications and accomplishments because an I-140 approval does not grant any immigration status without the I-485. Inadmissibility or deportability simply does not come up at all in the I-140 adjudication. Thus, adding a biometrics requirement there does not really make sense. It is not clear what USCIS’ motivations are, but it is quite telling that most individuals who are receiving such requests have violations, prior arrests, or charges in their backgrounds. There remains a possibility that it is simply data collection or could be a way to gather information before pursuing enforcement actions such as ICE detainment/arrests or NTAs (notice to appear in immigration court). “
Is this a new policy for I-140 and H-1B applicants?
As of April 2025, there is no official USCIS policy announcement indicating that all H-1B applicants will now be required to submit biometrics and address history.
However, the trend may reflect a broader administrative emphasis on increased vetting scrutiny, fraud detection and reviewing applicants. Such RFEs generally have been issued against individuals who have been previously arrested or charged with violations or criminal acts – even if such charges were dismissed, expunged, etc.
What You Should Do If You Receive an RFE
If you receive a request like this from USCIS, don’t panic—but do act carefully and quickly.
1. Talk to an Immigration Attorney
RFEs can be tricky, and without clarity on what exactly triggered the RFE, it’s even more important to have expert guidance. At Manifest Law, we’re helping clients craft strong responses and assist in navigating such requests.
Request a consultation with our team, or read more about the RFE process in our comprehensive guide.
2. Don’t Overshare
Always understand how your personal information will be used and whether it’s truly necessary to provide it. It is better to speak to a professional legal representative regarding this issue.
3. Document Everything
It’s recommended to document all communications with USCIS, attorneys, and employers. Save copies of your RFE, response, tracking numbers, and related communications in case of a follow-up or a potential appeal.
Further, consider your own personal history and think whether or not there was something in your past that may have triggered the request. Was there a previous violation? Have you been arrested in the past? Even if you were never charged or the charges were dismissed (or even expunged), these items can trigger such a request.
How Manifest Law Can Help
If you’ve received an unexpected RFE asking for your biometrics or address history, you don’t have to face it alone. At Manifest Law, we help individuals and employers respond strongly and strategically to these new USCIS requests. Our team will work with you to understand exactly what’s being asked and to effectively advise you on strategies to move forward.
Request a consultation today with our team at Manifest Law.
