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The U.S. Citizenship and Immigration Services (USCIS) are Issuing Requests for Evidence (RFEs) increasing the scrutiny of H-1B beneficiaries. These enforcement efforts will affect economic sectors like technology, finance, and academia. Companies like Amazon, Google, Tesla, and Meta are among the biggest users of the H-1B visa program.
The recent uptake in RFEs raises concerns among H-1B beneficiaries, as the USCIS hasn’t issued such requests until now. The agency claims the RFEs are tied to their possession of adverse information about individuals. It’s unclear whether this signifies a general increase in scrutiny of H-1B Beneficiaries or if the requests have a different purpose.
The RFE is a formal notice issued by USCIS for additional documentation or clarification needed to evaluate a petition. These requests are NOT denials, but rather a chance for petitioners to address inconsistencies or gaps in their visa applications. According to USCIS guidelines, RFEs should clearly outline which eligibility criteria haven’t been met.
The problem is, these RFEs fail to explain the nature of the supposed information. The Department of Homeland Security (DHS) has been accused of using AI tools to flag individuals. The fact that the RFEs are asking for home addresses implies they’re meant to identify possibly undocumented migrants.
Despite the increasing scrutiny, the Trump administration hasn’t moved to reduce the H-1B visa program itself. In contrast to F-1 student visas, President Trump hasn’t gone back on his support of the program. The H-1B program has an annual cap of sixty-five thousand new visas, but the USCIS exempts an additional twenty-thousands petitions for individuals with a master’s degree or higher.
As of now, it’s unclear whether the greater levels of scrutiny are merely a passing occurrence or a more permanent effort. It’s recommended that H-1B beneficiaries remain vigilant on their documentation and status.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical.
