Introduction: A New Hurdle for African Professionals Pursuing U.S. Work Visas

New USCIS Biometric Request is reshaping the landscape for African professionals seeking to work and build their careers in the United States. Traditionally reserved for family-based and security-sensitive immigration cases, the sudden extension of biometric data collection—fingerprints, photographs, and updated home addresses—to H-1B visa and employment-based green card applicants introduces an unexpected layer of scrutiny. For many skilled workers from across Africa, this shift raises critical questions about processing timelines, data privacy, and transparency in adjudication. What makes this move especially concerning is that these demands are not normally part of this visa process.

More troubling is the justification: USCIS vaguely refers to “potentially adverse information” without offering any clear explanation. This has left many African professionals, U.S. employers, and immigration attorneys confused and concerned.

In the following sections, we’ll unpack what triggered these Requests for Evidence (RFEs), how they may impact your application, and practical strategies to safeguard your American dream.

This article will break down the significance of these changes, how they could affect African applicants, and what practical steps you can take to protect your immigration journey.

Section 1: The Unexpected USCIS Biometric Request – What Has Changed in the H-1B and Green Card Process?

USCIS has always required biometrics—fingerprints, photographs, and identity verification—for certain visa categories such as asylum or adjustment of status based on family. However, this is the first time they are broadly requesting biometrics for employment-based applicants, including H-1B visa holders and EB-2/EB-3 green card candidates.

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 so that we may collect biometric data.”

This language is alarming. It implies suspicion without offering any details. For African professionals who are applying in good faith, this can feel like a breach of trust—especially for those who have already passed stringent security checks in the initial application phase.

Section 2: Why Should African Professionals Be Concerned?

As an African international, you’re already navigating a complex web of challenges in the U.S. immigration process—from visa quotas and lottery systems to proving your qualifications in competitive sectors like tech, engineering, medicine, and finance.

Now, with the additional layer of biometric screening triggered by vague “adverse information,” your path could be delayed or derailed without cause. Here’s why this matters:

• Increased risk of visa denial or delay: Processing times may extend significantly while USCIS “investigates” the so-called adverse data.

• Privacy concerns: You may be asked to share personal identifiers without knowing the full reason.

• Lack of due process: You are not told what the adverse information is or given a chance to respond until after biometrics are collected.

This ambiguity places African professionals—especially first-time applicants and recent graduates—in a vulnerable position, potentially turning your career plans upside down.

Section 3: What Might Trigger a Biometrics RFE?

Although USCIS has not provided official criteria, immigration attorneys and data analysts suggest several possibilities:

1. Digital footprint monitoring: Your online presence, including social media posts or affiliations, may be flagged using AI.

2. Mismatched application data: Inconsistencies in your resume, education details, or employer documentation.

3. Third-party tips: USCIS sometimes receives anonymous reports, even if they are baseless.

4. Previous visa rejections: If you have been denied a visa in another country, or the U.S., your record might raise red flags.

5. Nationality or region-specific scrutiny: Certain countries or regions may face disproportionate scrutiny due to U.S. foreign policy concerns.

For African applicants—especially those from countries with higher fraud risk profiles or unstable political environments—these factors could lead to unfair targeting.

Section 4: Is This a Return to Hardline Immigration Policies?

Many legal analysts believe this move signals a quiet return to Trump-era immigration tactics, which emphasized enforcement over fairness. Under that administration, USCIS :

• Increased RFE issuance dramatically.

• Denied applications at record levels.

• Questioned employer-employee relationships and specialty occupation claims.

Although President Biden’s administration has not publicly endorsed such practices, the biometric RFEs suggest that elements of the old policy framework may still be in play.

For African professionals who already face stiff competition in the H-1B lottery and employment-based categories, this creates more uncertainty and stress.

Section 5: Could Artificial Intelligence Be Behind These New Screening Methods?

There is growing speculation that USCIS is now using AI and big data tools to flag applicants for additional scrutiny. While this has not been officially confirmed, patterns suggest that algorithmic triggers may be identifying applicants based on keywords, online behavior, or data mismatches.

This is part of a broader shift toward data-driven immigration enforcement, where machines—not human officers—decide who deserves further review.

Unfortunately, algorithmic systems are not immune to bias. African names, addresses, or schooling history could inadvertently be flagged due to programming errors or flawed assumptions.

Section 6: How Does This Affect U.S. Employers and Universities Hiring African Talent?

The sudden increase in biometric RFEs adds another obstacle for U.S. companies and universities that rely on African talent.

Employers are already burdened by:

• Annual H-1B caps (65,000 regular and 20,000 advanced degree slots),

• High legal costs for sponsorship,

• Long wait times and unpredictable adjudications.

Now, if a promising African hire is delayed or flagged due to a biometric RFE, companies may rethink their hiring strategies. Some may switch to remote arrangements or look to countries with more predictable immigration systems (like Canada).

Similarly, universities that sponsor OPT (Optional Practical Training) and STEM extension students are facing new legal uncertainties—especially if former students are quietly flagged and removed from the system without warning.

Section 7: Your Rights as an Applicant – What You Can Do Now

If you’re an African professional who receives a biometric RFE, take the following steps:

1. Do not panic or respond in haste.
   Rushing to comply without legal review can lead to complications.

2. Request to see the “adverse information.”
   Under 8 CFR 103.2(b)(16)(i), you have the right to request the evidence USCIS is using against you.

3. Consult an experienced immigration attorney.
   Seek legal advice before submitting any personal data or address updates.

4. Document every communication.
   Keep records of USCIS letters, email exchanges, and dates. This can help in an appeal or future case.

5. Ensure consistency across your digital and application presence.
   Review your resume, LinkedIn, and other professional platforms for accuracy.

6. Avoid sharing controversial opinions on social media during your application process.
   Even harmless political views or jokes could be misinterpreted by automated tools.

Section 8: What the African Diaspora and Advocacy Groups Can Do

Community organizations, diaspora networks, and African professionals already working in the U.S. can play a vital role by:

• Educating new applicants about these developments,

• Offering legal referrals,

• Organizing webinars and information sessions,

• Lobbying U.S. lawmakers and employers for clearer immigration policies.

The collective voice of African professionals is powerful. Advocacy has helped shift immigration narratives before—it can do so again.

Section 9: What This Means for the Future of African Migration to the U.S.

The U.S. remains a top destination for skilled African professionals. However, opaque policies like these biometric RFEs may push talent elsewhere.

With Canada, Germany, Australia, and the UK rolling out fast-track work visa systems for STEM and healthcare workers, African professionals have more choices than ever before.

If the U.S. does not restore fairness and clarity to its immigration processes, it risks losing the very talent it seeks to attract.

FAQs: Quick Answers for African Professionals

Q: Is USCIS allowed to request biometrics during an H-1B or green card case?
A: Technically yes, but it’s uncommon and controversial for employment-based cases without a criminal or identity issue.

Q: What is “adverse information”?
A: USCIS has not defined this. It could be based on data mismatches, background checks, online activity, or anonymous tips.

Q: Can I ask USCIS to show me the data they are using?
A: Yes. Refer to 8 CFR 103.2(b)(16)(i) and request full disclosure.

Q: How should I prepare in advance?
A: Make sure your documents are consistent, clean up your online profiles, and work with a qualified immigration lawyer.

Q: Is this a permanent policy change?
A: No official policy has been announced, but the trend appears to be growing. Watch for updates from USCIS and immigration law firms.

Conclusion: Vigilance, Legal Strategy, and Community Support Will Be Key

For African professionals hoping to build a life in the U.S., the recent biometric RFE shift is a serious development. But with the right preparation, legal awareness, and community support, you can navigate this evolving system.

Stay alert, stay informed, and don’t go it alone—because your journey deserves fairness, clarity, and respect. Considering making a move, get in contact with an experienced immigration attorney at  Empire Fly Law