Important Updates
Important Updates
July 8, 2025 | PortugalPortugal: Automatic Residence Permit Extension
July 8, 2025 | CanadaCanada: IRCC Clarifies New Language and Study Requirements and Other Eligibility Criteria for Post-Graduation Work Permits
July 8, 2025 | United KingdomFragomen, Julia Onslow-Cole Shortlisted for FT Innovative Lawyers Europe 2025 Awards
July 8, 2025 | United KingdomLeading Britain's Conversation: UK Businesses Urged to Act Fast as Immigration Reforms Clash With Industrial Strategy
July 8, 2025 | United StatesPartners Nadine Bahnan, Ruth Spillane and Karine Wenger Named to San Diego Business Journal’s 2025 Women of Influence in Law
July 8, 2025 | PortugalPortugal: Automatic Residence Permit Extension
July 8, 2025 | CanadaCanada: IRCC Clarifies New Language and Study Requirements and Other Eligibility Criteria for Post-Graduation Work Permits
July 8, 2025 | United KingdomFragomen, Julia Onslow-Cole Shortlisted for FT Innovative Lawyers Europe 2025 Awards
July 8, 2025 | United KingdomLeading Britain's Conversation: UK Businesses Urged to Act Fast as Immigration Reforms Clash With Industrial Strategy
July 8, 2025 | United StatesPartners Nadine Bahnan, Ruth Spillane and Karine Wenger Named to San Diego Business Journal’s 2025 Women of Influence in Law
July 8, 2025 | PortugalPortugal: Automatic Residence Permit Extension
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
  • Insights

DHS Proposes Broad Expansion of Biometrics Collection and Use

September 8, 2020

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

  • The Department of Homeland Security is proposing a regulation that would expand its current biometrics collection policies to include palm prints, iris images, and voice recognition, and, in certain circumstances, DNA, among other techniques.
  • If the rule is finalized as proposed, foreign nationals who are granted an immigration benefit would become subject to continuous biometrics screening and vetting throughout their stay in the United States until they naturalize to become U.S. citizens.
  • The new rule would expand the categories of individuals subject to biometrics collection to include U.S. citizens involved in an immigration filing and would expand collection to include foreign nationals under 14 years of age.
  • The rule will be formally proposed on September 11 and will be open for public feedback for 30 days. The rule will not take effect until it is finalized, a process that typically takes several months or more.

The issue

The Department of Homeland Security (DHS) has released a proposed regulation that seeks to broadly expand the collection and use of biometrics in the enforcement and administration of immigration laws.  The rule would subject foreign nationals to periodic biometrics collection and continuous vetting after they enter the United States. It would eliminate age limits on the collection of biometrics, and would subject immigration sponsors and their authorized signatories – including U.S. citizens – to biometrics collection.

An advance copy of the proposed rule is now available. The rule will be published in the Federal Register on September 11, 2020. The agency will accept public comments on the proposed rule for 30 days after publication, and will accept comments on associated USCIS immigration form revisions for 60 days after publication.

A closer look

The DHS proposal includes the following changes to biometrics collection and use:

  • Would require foreign nationals who have been granted an immigration benefit to provide periodic biometrics and be subject to screening and vetting throughout their stay in the United States until they naturalize to U.S. citizenship.
  • Would expand biometrics collection to any individual filing or associated with an immigration benefit or request, including U.S. citizens, without regard to age (unless DHS waives or exempts the requirement).  Individuals subject to biometrics would include petitioners, authorized petitioner signatories, sponsors, and beneficiaries. Currently, U.S. citizens and children under 14 are exempt from the biometrics requirement.
  • Would expand the types of biometrics techniques used by DHS to include an individual’s palm print, iris (iris image), voice (voice print), and/or DNA (partial DNA profile), subject to certain limitations.  Currently, biometrics generally only includes fingerprints, photographs and signatures.
  • Would authorize biometric collection, without regard to age, upon arrest of an alien for purposes of processing, care, custody, and initiation of removal proceedings.
  • Proposes that DHS may require, request, or accept DNA test results, which include a partial DNA profile, to prove the existence of a claimed genetic relationship, most relevant in family-based immigration cases.  Currently, DHS may not require DNA test results in order to prove a claimed relationship.
  • Proposes that DHS may use and store DNA test results for the relevant adjudications or to perform any other functions necessary for administering and enforcing immigration and naturalization laws.
  • Would expand the purposes for which biometrics are collected from individuals filing immigration applications or petitions, to include not only criminal history and national security background checks, but also identity enrollment, verification, and management; secure document production, and other uses to administer and enforce immigration and naturalization laws.
  • Would authorize DHS to terminate conditional permanent residence for EB-5 investors and for foreign spouses if they fail to appear for an interview in connection with an application to remove conditions on residence.

 

What the proposal means for employment-based immigration filings

If finalized as proposed, the regulation would expand biometrics collection for a number of key employment-based immigration case types:

  • Foreign nationals present in the United States after they are granted an immigration benefit – including sponsored employees and their foreign national dependents – would be subject to regular biometrics collection and background screenings at any time until they become U.S. citizens.
  • Sponsoring employers and their authorized signatories for certain employment-based filings – such as a Form I-140 immigrant worker petition or a Supplement J confirmation of a job offer or portability request for an employment-based application for adjustment of status – could be subject to biometrics collection, though details are not yet clear.


In the EB-5 Regional Center context, principals of Regional Centers would be subject to biometrics collection and continuous vetting, including individuals having ownership, control or a beneficial interest in a Regional Center that is a legal entity or organization; this would include principals who are U.S. citizens or lawful permanent residents. 

What’s next for the proposed rule

After publication in the Federal Register on September 11, the public will have 30 days to comment on the rule and 60 days to comment on U.S. Citizenship and Immigration Services forms that would be revised to reflect enhanced biometrics requirements.

After the public comment period, DHS will review the feedback and prepare to issue a final rule in the Federal Register. Some aspects of the rule could be revised based on public feedback. There is no set timeframe for publication of a final rule, though the process typically takes several months.

Due to the sensitive privacy implications of expanded biometrics collection, retention and screening, there is likely to be robust public feedback. If a final regulation is issued, legal challenges are possible.

Fragomen is closely following the implementation of the biometrics proposal and will provide updates.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

2025 APAC and Europe Immigration Trends: Shared Goals, Diverging Tools

This blog highlights the most significant immigration trends across both Europe and Asia Pacific (APAC) in 2025.

Learn more

Video

Canada Express Entry Explained: Who’s Eligible and How to Apply

In this video, Partner Jack Kim explains how Canada’s Express Entry system works.

Learn more

Awards

Fragomen, Julia Onslow-Cole Shortlisted for FT Innovative Lawyers Europe 2025 Awards

Fragomen and Partner Julia Onslow-Cole are shortlisted for the FT Innovative Lawyers Europe 2025 Awards.

Learn more

Media mentions

Leading Britain's Conversation: UK Businesses Urged to Act Fast as Immigration Reforms Clash With Industrial Strategy

Associate Aisha Shahid highlights how upcoming UK immigration reforms may impact key sectors and urges businesses to prepare.

Learn more

Awards

Partners Nadine Bahnan, Ruth Spillane and Karine Wenger Named to San Diego Business Journal’s 2025 Women of Influence in Law

Partners Nadine Bahnan, Ruth Spillane and Karine Wenger are named to San Diego Business Journal’s 2025 Women of Influence in Law list.

Learn more

Blog post

Private Client Options in APAC: Bespoke Services and Residency Planning

Business Immigration Manager Yvonne Lee and Assistant Business Immigration Manager Shirley Kock discuss bespoke services and residency planning options for private clients in the Asia-Pacific region.

Learn more

Media mentions

Público: Os cuidados que pessoas LGBTQIA+ devem ter quando decidirem emigrar

Brazil Managing Partner Diana Quintas highlights the importance of understanding local laws and protections when LGBTQIA+ individuals consider emigrating.

Learn more

Media mentions

The PIE: Trump Eyes Time Limits on US Student Visas

Partner Aaron Blumberg explains how proposed student visa limits could create challenges and add administrative burdens for international students.

Learn more

Podcast

David Kipp über Migration von Indien nach Deutschland

David Kipp von der Stiftung Wissenschaft und Politik im Gespräch mit Marius Tollenaere, Partner im Frankfurter Büro von Fragomen.

Learn more

Blog post

EB-5: What You Should Know—And Why It Might Be Worth It

Partner Dan Schwarz and Senior Associate Mikhail (Mike) Izrailev provide an overview of the EB-5 visa program, highlighting its benefits and key considerations for potential investors.

Learn more

Media mentions

Startup Valley Magazin: Workation: Wettbewerbsvorteil oder rechtliches Minenfeld?

Senior Manager Katharina Vorländer discusses workations as a way to support talent retention, noting the legal, tax and immigration considerations involved.

Learn more

Blog post

The 11th Seat: Timor-Leste's ASEAN Debut and the Shifting Map of Regional Mobility

Business Immigration Consultant Ryaihanny Sahrom discusses Timor-Leste's ASEAN debut and its impact on regional mobility.

Learn more

Blog post

2025 APAC and Europe Immigration Trends: Shared Goals, Diverging Tools

This blog highlights the most significant immigration trends across both Europe and Asia Pacific (APAC) in 2025.

Learn more

Video

Canada Express Entry Explained: Who’s Eligible and How to Apply

In this video, Partner Jack Kim explains how Canada’s Express Entry system works.

Learn more

Awards

Fragomen, Julia Onslow-Cole Shortlisted for FT Innovative Lawyers Europe 2025 Awards

Fragomen and Partner Julia Onslow-Cole are shortlisted for the FT Innovative Lawyers Europe 2025 Awards.

Learn more

Media mentions

Leading Britain's Conversation: UK Businesses Urged to Act Fast as Immigration Reforms Clash With Industrial Strategy

Associate Aisha Shahid highlights how upcoming UK immigration reforms may impact key sectors and urges businesses to prepare.

Learn more

Awards

Partners Nadine Bahnan, Ruth Spillane and Karine Wenger Named to San Diego Business Journal’s 2025 Women of Influence in Law

Partners Nadine Bahnan, Ruth Spillane and Karine Wenger are named to San Diego Business Journal’s 2025 Women of Influence in Law list.

Learn more

Blog post

Private Client Options in APAC: Bespoke Services and Residency Planning

Business Immigration Manager Yvonne Lee and Assistant Business Immigration Manager Shirley Kock discuss bespoke services and residency planning options for private clients in the Asia-Pacific region.

Learn more

Media mentions

Público: Os cuidados que pessoas LGBTQIA+ devem ter quando decidirem emigrar

Brazil Managing Partner Diana Quintas highlights the importance of understanding local laws and protections when LGBTQIA+ individuals consider emigrating.

Learn more

Media mentions

The PIE: Trump Eyes Time Limits on US Student Visas

Partner Aaron Blumberg explains how proposed student visa limits could create challenges and add administrative burdens for international students.

Learn more

Podcast

David Kipp über Migration von Indien nach Deutschland

David Kipp von der Stiftung Wissenschaft und Politik im Gespräch mit Marius Tollenaere, Partner im Frankfurter Büro von Fragomen.

Learn more

Blog post

EB-5: What You Should Know—And Why It Might Be Worth It

Partner Dan Schwarz and Senior Associate Mikhail (Mike) Izrailev provide an overview of the EB-5 visa program, highlighting its benefits and key considerations for potential investors.

Learn more

Media mentions

Startup Valley Magazin: Workation: Wettbewerbsvorteil oder rechtliches Minenfeld?

Senior Manager Katharina Vorländer discusses workations as a way to support talent retention, noting the legal, tax and immigration considerations involved.

Learn more

Blog post

The 11th Seat: Timor-Leste's ASEAN Debut and the Shifting Map of Regional Mobility

Business Immigration Consultant Ryaihanny Sahrom discusses Timor-Leste's ASEAN debut and its impact on regional mobility.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.