Our office has observed a trend in H-1B petition adjudications: USCIS is issuing Requests for Evidence (RFEs) that vaguely reference “adverse information” related to the foreign national employee—without specifying what that information is.
In several recent cases, these RFEs have included standard requests such as updated addresses or other basic documentation. At the same time, USCIS has been issuing biometrics appointment notices to the original address listed on Form I-129—often before any RFE response has been filed.
What makes this pattern particularly concerning is the lack of transparency. In many instances, the underlying “adverse information” may stem from a prior criminal issue involving the employee—whether minor or serious—even if it resulted in no conviction or occurred many years ago. Notably, such incidents may not have previously interfered with the employee’s ability to travel or reenter the U.S., even after undergoing secondary inspection at ports of entry.
However, USCIS may now be using that same issue to initiate potential revocation of the approved H-1B petition.
What Employers Should Keep in Mind:
- An RFE referencing “adverse information” may be tied to a past criminal matter involving the beneficiary.
- Employers should consult with the employee and legal counsel before submitting a response.
- USCIS may issue a biometrics appointment before providing full disclosure of the alleged issue.
- USCIS may take steps to revoke an H-1B approval based on information not previously deemed disqualifying.
This trend coincides with broader political scrutiny of employment-based immigration. As recently reported by Forbes, Senator Marco Rubio and other lawmakers have pushed for new legislation and executive action aimed at suspending or revoking visas—including F-1 and H-1B visas—for individuals believed to have engaged in campus protests or activities deemed politically sensitive or disruptive, particularly in connection with Middle East-related demonstrations. (Read full article here.)
While such political threats may not directly affect most H-1B workers, they reflect a broader environment in which the government is increasingly willing to scrutinize—and potentially revoke—previously approved immigration benefits based on alleged misconduct, perceived security concerns, or public pressure.