USCIS RFE Adverse Information 2025: Essential Guide for H-1B and Green Card Holders
- Apr 22, 2025
- 3 min read
The U.S. Citizenship and Immigration Services (USCIS) has introduced a new layer of complexity for employment-based immigration in 2025. A surge in Requests for Evidence (RFEs) citing vague “adverse information” has left thousands of H-1B visa holders and green card applicants in limbo. This guide unpacks what these RFEs mean, why they’re alarming stakeholders, and how to protect your immigration journey.
Understanding the USCIS RFE Adverse Information Notice 2025
Since April 2025, USCIS has issued RFEs demanding unprecedented details from applicants, including biometric data (e.g., fingerprints) and current residential addresses, without explaining the specific “adverse information” triggering the request. Unlike standard RFEs—which clarify eligibility or documentation gaps—these notices lack transparency, fueling anxiety among applicants and attorneys.
Key Features of the New RFEs:
No Disclosure of Alleged Issues: USCIS cites “potentially derogatory information” but refuses to specify its nature, leaving applicants guessing.
Biometric Demands: Fingerprint collection, typically reserved for visas like H-4 or asylum cases, is now required for H-1B and I-140 petitions.
Social Media Scrutiny: Reports suggest USCIS uses AI to scan applicants’ social media for posts tied to “antisemitic terrorism” or other flagged content.
Why These RFEs Are Sparking Panic
The ambiguity of these notices has far-reaching consequences:
Fear of Deportation or Denial:
Indian nationals, who dominate H-1B and face decades-long green card backlogs, worry these RFEs could derail their status.
RFEs may signal heightened enforcement under the 2025 Trump administration, targeting legal immigrants for removal.
Delays and Legal Risks:
Processing times could stretch for months due to biometric requirements, risking job loss or visa expiration.
Denials based on undisclosed “adverse information” leave little room for appeal, especially after the CIS Ombudsman’s office closure in April 2025.
Privacy Concerns:
Collecting residential addresses and biometrics raises questions about data misuse or sharing with enforcement agencies like ICE.
Broader Immigration Policy Changes in 2025
These RFEs align with stricter policies under the Trump administration:
Social Media Monitoring: USCIS now scans platforms for content deemed “anti-American” or supportive of banned groups.
H-1B Program Overhauls: Registration fees jumped from 10to10to215, and a “lottery equity” system prioritizes high-wage roles.
Mandatory ID Carrying: Non-citizens must now hold immigration documents at all times, risking penalties for non-compliance.
How to Respond to a USCIS RFE Citing Adverse Information
Demand Transparency:
Cite 8 CFR 103.2(b)(16)(i), requiring USCIS to disclose derogatory information before denying a petition. Example response:“Pursuant to 8 CFR 103.2(b)(16)(i), we request USCIS provide all evidence of the alleged adverse information to ensure due process.”
Comply Strategically:
Submit requested data (e.g., address, biometrics) to avoid automatic denial, but document every interaction.
Leverage Legal Support:
Attorneys can challenge vague RFEs, file Freedom of Information Act (FOIA) requests, or escalate cases via congressional representatives.
Audit Social Media:
Delete or privatize posts that could be misconstrued, even if innocuous.
The Critical Role of Legal Assistance
Immigration lawyers are critical for:
Evaluating RFEs: Uncovering if the notice functions as a tactic to delay or deny applications without formal rejection.
Navigating Policy Shifts: Addressing challenges like biometric delays or sudden status changes.
Challenging Rejections: File appeals through formal motions or federal court due to insufficient USCIS accountability mechanisms.
Conclusion: Protect Your Status Amid Uncertainty
The 2025 USCIS RFE surge reflects a broader crackdown on employment-based immigration. While the “adverse information” strategy creates fear, proactive steps—like legal counsel and meticulous documentation—can mitigate risks. Stay proactive by closely monitoring USCIS communications, rigorously analyzing requests, and planning for extended processing delays. For millions pursuing H-1B visas or green cards, relentless vigilance has become indispensable to navigate today’s stringent immigration landscape
Need Help? Consult an immigration attorney immediately if you receive an RFE. Delays or missteps could alter your future in the U.S.
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USCIS RFE Adverse Information 2025
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