USCIS Security Vetting Alert 2026: Adjudication Pause & New RFEs Hit I-140, I-485 Filers
USCIS began enhanced fingerprint-based security vetting on April 27, 2026, pausing approvals and triggering unexpected RFEs for I-129 and I-140 petitions, with delays expected across employment-based cases.
Following Executive Order 14385 signed February 6, 2026, USCIS has implemented expanded security vetting procedures that are causing significant disruptions to pending immigration adjudications. Effective April 27, 2026, USCIS began receiving enhanced criminal history record information through the FBI's Next Generation Identification system, requiring officers to resubmit fingerprints for any case where FBI data was received before that date before a final approval can be issued. The most immediate impact falls on applicants with pending Forms I-485 (adjustment of status), N-400 (naturalization), I-589 (asylum), and I-765 (employment authorization) — case types that routinely require biometric collection. For most of these applicants, no new ASC appointment should be necessary if fingerprints were already on file, but USCIS has cautioned that delays in final decisions should be expected while re-vetting is completed. A notable and unexpected development is the surge of RFEs and biometrics appointment notices in employment-based petition categories that have not historically required fingerprinting. Employers and foreign nationals with pending Forms I-129 (nonimmigrant worker) and I-140 (immigrant worker petition) — including EB-3 cases — are receiving RFEs requesting the beneficiary's current residential address so USCIS can schedule biometrics collection. Some RFEs cite 'potentially adverse information,' while others request biometrics without specifying a reason. For EB-3 applicants and their employers, this creates material uncertainty in case timelines. Employers should prepare for additional processing steps and possible delays, especially where an RFE references adverse information or requires an ASC appointment before adjudication can proceed. USCIS has stated that delays should be brief, but the operational scope and timeline remain unclear as the agency allocates resources to the re-vetting effort. Applicants are advised to monitor USCIS online accounts, mail, and email closely for new biometrics notices or RFEs.
USCIS has confirmed the FY 2027 H-1B cap has been reached, halting new cap-subject filings. Employers must now consider alternative visa and green card pathways, including EB-3 sponsorship.
A former USCIS Asylum Officer and ICE law clerk, now a private immigration attorney, hosts an open Q&A covering marriage-based cases, RFEs/NOIDs, asylum, and removal defense for applicants navigating the U.S. immigration system.
USCIS mandated electronic payments in October 2025 and updated Form I-129 in April 2026, requiring employers to provide detailed job requirements. Both changes have increased the risk of administrative errors and petition rejections.