Introduction to Unusual Requests for Evidence

United States immigration officials are issuing Requests for Evidence for H-1B and employment-based immigrant petitions, asking for home addresses and biometrics. Attorneys are worried because U.S. Citizenship and Immigration Services have not made such requests before. These requests are connected to USCIS claims that the agency has “adverse information” on individuals. It remains unclear if Trump administration officials have added employment-based visa applicants to its plans to identify and deport people lawfully in the United States, or if the requests serve another purpose.

Immigration Cases Start Receiving Unusual Requests For Evidence

When filing petitions for H-1B visas and I-140s for employment-based green cards, attorneys have received Requests for Evidence referencing “potentially adverse information.” The requests ask for the beneficiary’s residential address so that USCIS can collect their biometric information. “This is highly unusual because biometrics are not typically required for these case types,” said Vic Goel of Goel & Anderson. “The RFEs also fail to explain the nature of the adverse information, leaving employers and attorneys in the dark. It appears that DHS may be using AI tools to flag individuals based on undisclosed data, possibly from social media or other government databases," Goel said.

Nature of the Requests for Evidence

In one Request for Evidence, a USCIS adjudicator wrote: “We have encountered potentially adverse information related to the beneficiary. To continue processing your application or petition, we required an updated address for the beneficiary so that we may collect biometric data.” It then asks that “the beneficiary’s current and updated residential address” be submitted. “These RFEs are unusual because they don’t follow the process that USCIS historically has applied,” said Kevin Miner of Fragomen. “Information exchange for most employment-based petitions is done in writing. The company files a petition and explains why the foreign national qualifies for the H-1B or other work-authorized status that is being requested. If USCIS has questions after reviewing that filing, the agency issues a Request for Evidence explaining what remains unclear about the eligibility, and the company then responds.”

Concerns Among Immigration Attorneys

Miner points out that these Requests for Evidence differ because they do not ask substantive questions. Instead, the requests only state that “adverse information” about the beneficiary exists and the agency needs biometrics. Attorneys note that biometrics are not a typical part of the H-1B, I-140 or other employment-based petition process. U.S. Citizenship and Immigration Services has not provided any notice about a process change. USCIS did not respond to a request for comment to explain the purpose of the Requests for Evidence.

Immigration Attorneys Weigh The Best Course Of Action

When a government agency introduces new policies without notice, employers, attorneys and affected individuals are left wondering how to proceed. That applies to the current situation. “For now, I recommend not responding directly to the RFE by providing the beneficiary’s address or scheduling biometrics,” said Goel. “This is because this information is already in the record, and more pointedly because it is unclear why USCIS is asking for it. Instead, the attorney or petitioner should respond by citing 8 CFR 103.2(b)(16)(i), which requires USCIS to disclose any derogatory information being used as a basis for an adverse decision.”

Future Implications

Miner agrees with that approach to the Requests for Evidence. “Like responding to any other request for the government, the employer should endeavor to provide USCIS with the information it needs to be able to make an appropriate decision on the employer’s request,” Miner said. “In some instances, this could include asking USCIS as part of the RFE response to provide more information about what sort of adverse information it has identified about the beneficiary so that the employer can try to address those concerns. Because USCIS has only recently begun issuing these requests, we don’t yet know what further steps USCIS will take once the employer responds to the request.” Goel said that, without transparency about the source and substance of the information, “petitioners are unable to meaningfully respond or defend” against potentially erroneous allegations.

Conclusion

The USCIS Requests for Evidence occur while the Trump administration deports international students for minor infractions, protests and op-eds, raising alarm bells for employers and universities concerned about attracting talent to the United States. The last thing employers want is a new policy that makes it more challenging to hire or retain talent. The H-1B visa category is already the most restrictive in the U.S. immigration system, with only 20% of new H-1B applications turned into approved workers under the 85,000 annual limit. Companies and immigration attorneys are in a “wait and see” mode, unsure if these unusual Requests for Evidence foreshadow new restrictive measures.

FAQs

• Q: What is the purpose of the Requests for Evidence issued by USCIS for H-1B and employment-based immigrant petitions?
  A: The purpose is unclear, but it involves collecting biometric data due to “potentially adverse information” about the beneficiaries.
• Q: Are biometrics typically required for H-1B or employment-based green card petitions?
  A: No, biometrics are not typically required for these types of petitions.
• Q: How should employers or attorneys respond to these unusual Requests for Evidence?
  A: It is recommended not to respond directly by providing the beneficiary’s address or scheduling biometrics. Instead, cite 8 CFR 103.2(b)(16)(i) to request disclosure of any derogatory information.
• Q: What are the implications of these Requests for Evidence for international students and the U.S. immigration system?
  A: The implications are uncertain but may further restrict the already limited H-1B visa category and make it more challenging for employers to hire or retain international talent.

Hard disk drives contain valuable materials that are used in their construction and operation. This includes rare-earth magnetics that are used in the rotary actuator that allows the heads to write and read information from tracks of data on the disk surfaces. The rare earth elements used in HDDs include Neodymium, Praseodymium and Dysprosium, used because of their unique magnetic properties.

Economic Value of Rare Earth Elements

Rare earths have a significant economic value and in light of recent embargos of the types of rare earths that are used in constructing HDDs, recovering the rare earths from end-of-life HDDs will have significant economic value. Besides their use in HDD motors, rare earth elements are used in electric vehicles, wind turbines and advanced electronics.

Creating a Circular Economy for Storage Devices

We have written in the past about creating a circular economy for storage devices. As an example of this effort, Western Digital, Microsoft’s cloud data centers and a couple of materials recycling companies recently reported extracting rare earths from about 47,000 pounds of shredded end-of-life HDDs and other materials. The recycling partners are Critical Materials Recovery and PedalPoint Recycling.

The Recycling Process

The hard drives were collected from several Microsoft data centers in the United States and sent to the recycling partners. Shreds of HDDs, SSDs, and caddies were sent to PedalPoint where they were sorted and processed. The magnets and steel were then sent to CMR to figure out the best way to sort and size the materials and extract the rare earth elements using CMR’s environmentally friendly and economically competitive acid-free recycling process.

Mass Production Ecosystem

The four companies went through multiple pilots to create a mass production ecosystem at scale for retrieval of rare earths, which was completed in December 2024. Together the companies transformed close to 50,000 pounds of end-of-life drives, mounting caddies, and other materials into critical, high-value materials, all while significantly reducing environmental impact.

Rare Earth Recycling Methodology

The figure below from the white paper on this project shows the acid-free dissolution and recovery of rare earth elements using a copper salt solution. This method is said to be ideal for leaching from low-concentrated rare earth feedstocks, such as from shredded HDDs. This method recovers more than 90% of the REEs from the HDD feedstock to produce a more than 99.5% pure rare earth oxides.

Benefits of Domestic Recycling

The WDC release says that more than 85% of rare earth elements primary production occurs outside the US and the domestic recycling rate is low. The largest hyperscalers in the world have collaborated to create an advanced eco-friendly sorting system. The non-acid based recycling process not only recapture rare earths but also gold, copper, aluminum and steel. The current rate earth element recycling in the US is less than 10%. This system recaptured about 80% by mass of the raw recycled feedstock. With domestic recycling of rare earth, access to these materials can minimize transportation emissions and decrease the dependency on imported materials. In addition, using this recycling method, obtaining these materials is estimated to generate about 95% less greenhouse gas emissions compared to traditional mining and processing practices.

Conclusion

WDC, Microsoft and a couple of recycling companies have shown a high efficiency, acid-free process for extracting rare earth elements from shredded hard disk drives. Recycling valuable materials from storage devices can improve the local supply chain and avoid environmental impacts.

FAQs

Q: What are the rare earth elements used in HDDs?
A: The rare earth elements used in HDDs include Neodymium, Praseodymium and Dysprosium.
Q: What is the significance of recovering rare earths from end-of-life HDDs?
A: Recovering rare earths from end-of-life HDDs has significant economic value and can minimize transportation emissions and decrease the dependency on imported materials.
Q: What is the current rate of rare earth element recycling in the US?
A: The current rate of rare earth element recycling in the US is less than 10%.
Q: What are the benefits of using the acid-free recycling process?
A: The acid-free recycling process can recover more than 90% of the REEs from the HDD feedstock and generate about 95% less greenhouse gas emissions compared to traditional mining and processing practices.

Technology for social change is revolutionizing the way we live, interact, and advocate for human rights. With the rise of digital technologies, the landscape of human rights has expanded to include digital rights, which are essential for promoting and protecting human dignity in the online sphere. In this article, we will explore the intersection of human rights and digital rights, and discuss the ways in which technology can be harnessed to promote social justice and equality.

Understanding Human Rights

Human rights are fundamental rights and freedoms that belong to every human being, regardless of their nationality, ethnicity, gender, or socioeconomic status. These rights are universal, inalienable, and interdependent, and are enshrined in international law through various treaties and conventions. Human rights include the right to life, liberty, and security of person, as well as the right to freedom of expression, assembly, and association.

Historical Development of Human Rights

The concept of human rights has evolved over time, with significant milestones including the adoption of the Universal Declaration of Human Rights (UDHR) in 1948. The UDHR sets out a broad range of civil, political, economic, social, and cultural rights that are essential for human dignity and well-being. Since then, numerous international and regional human rights instruments have been developed to further elaborate and protect human rights.

Key Principles of Human Rights

Human rights are based on several key principles, including universality, indivisibility, interdependence, and inalienability. These principles emphasize that human rights belong to all individuals, and that they are fundamental to human dignity and well-being. Human rights are also non-discriminatory, meaning that they apply equally to all individuals, regardless of their background or circumstances.

Digital Rights: An Emerging Area of Human Rights

Digital rights refer to the human rights that are relevant to the online sphere, including the right to freedom of expression, access to information, and privacy. The rise of digital technologies has created new opportunities for individuals to exercise their human rights, but it has also raised new challenges and concerns. Digital rights are essential for promoting and protecting human dignity in the online sphere, and for ensuring that individuals can exercise their human rights in a safe and secure environment.

The Importance of Digital Rights

Digital rights are essential for promoting and protecting human dignity in the online sphere. The internet and other digital technologies have transformed the way we live, interact, and access information, and have created new opportunities for individuals to exercise their human rights. However, the online sphere also poses new risks and challenges, including online harassment, cyberbullying, and surveillance.

Key Digital Rights

Key digital rights include the right to freedom of expression, access to information, and privacy. These rights are essential for promoting and protecting human dignity in the online sphere, and for ensuring that individuals can exercise their human rights in a safe and secure environment. Other digital rights include the right to online assembly and association, and the right to protection against online harassment and cyberbullying.

The Intersection of Human Rights and Digital Rights

The intersection of human rights and digital rights is complex and multifaceted. Human rights are essential for promoting and protecting human dignity in the online sphere, and digital rights are essential for ensuring that individuals can exercise their human rights in a safe and secure environment. The intersection of human rights and digital rights raises new challenges and concerns, including the need to balance the right to freedom of expression with the need to protect individuals from online harassment and cyberbullying.

Challenges and Concerns

The intersection of human rights and digital rights raises several challenges and concerns, including the need to balance competing human rights and the need to protect individuals from online risks and harms. Other challenges and concerns include the need to promote digital literacy and online safety, and the need to ensure that digital technologies are accessible and inclusive.

Opportunities and Solutions

The intersection of human rights and digital rights also presents several opportunities and solutions, including the use of digital technologies to promote and protect human rights. Digital technologies can be used to promote human rights education and awareness, and to provide individuals with access to information and resources. Other opportunities and solutions include the development of digital tools and platforms that promote online safety and inclusivity.

Conclusion

In conclusion, the intersection of human rights and digital rights is complex and multifaceted. Human rights are essential for promoting and protecting human dignity in the online sphere, and digital rights are essential for ensuring that individuals can exercise their human rights in a safe and secure environment. By understanding the intersection of human rights and digital rights, we can promote and protect human dignity in the online sphere, and ensure that individuals can exercise their human rights in a safe and secure environment.

Frequently Asked Questions (FAQs)

What are human rights?

Human rights are fundamental rights and freedoms that belong to every human being, regardless of their nationality, ethnicity, gender, or socioeconomic status. These rights are universal, inalienable, and interdependent, and are enshrined in international law through various treaties and conventions.

What are digital rights?

Digital rights refer to the human rights that are relevant to the online sphere, including the right to freedom of expression, access to information, and privacy. Digital rights are essential for promoting and protecting human dignity in the online sphere, and for ensuring that individuals can exercise their human rights in a safe and secure environment.

Why are digital rights important?

Digital rights are essential for promoting and protecting human dignity in the online sphere. The internet and other digital technologies have transformed the way we live, interact, and access information, and have created new opportunities for individuals to exercise their human rights. However, the online sphere also poses new risks and challenges, including online harassment, cyberbullying, and surveillance.

How can we promote and protect digital rights?

We can promote and protect digital rights by promoting digital literacy and online safety, and by ensuring that digital technologies are accessible and inclusive. We can also promote and protect digital rights by developing digital tools and platforms that promote online safety and inclusivity, and by advocating for policies and laws that protect digital rights.

What is the relationship between human rights and digital rights?

The relationship between human rights and digital rights is complex and multifaceted. Human rights are essential for promoting and protecting human dignity in the online sphere, and digital rights are essential for ensuring that individuals can exercise their human rights in a safe and secure environment. The intersection of human rights and digital rights raises new challenges and concerns, including the need to balance competing human rights and the need to protect individuals from online risks and harms.