Chapter 1 - Purpose and Background
A. Purpose
As part of its administration of immigration benefits, USCIS has the general authority to require and collect biometrics, which include fingerprints, photographs, and digital signatures, from any person[1] seeking any immigration or naturalization benefit or request.[2]
B. Background
Biometrics collection allows USCIS to verify a person’s identity, produce secure documents, and facilitate required criminal and national security background checks to protect national security and public safety, as well as to ensure that the person is eligible for the benefit sought. Biometrics collection and security checks enhance national security and protect the integrity of the immigration process by ensuring that USCIS only grants benefits to eligible requestors.
In addition, depending on the particular application, petition, or request filed, USCIS conducts security checks, which may include conducting fingerprint-based background checks, requesting a name check from the Federal Bureau of Investigation (FBI), and other DHS or inter-agency security checks.
USCIS promotes national security and public safety by conducting screening and vetting in all immigration programs. Screening and vetting standards include those needed for identity verification, which is crucial to protect against fraud and help USCIS determine if a person is eligible to receive an immigration benefit. Historically, USCIS collected biometrics (including photographs) for background and security checks. Presently, biometrics are also stored and used to verify a person’s identity in subsequent encounters with DHS.
C. Legal Authorities
-
8 CFR 103.16 – Collection, use, and storage of biometric information
-
8 CFR 103.2 – Submission and adjudication of benefit requests
-
INA 105 – Liaison with internal security officers
-
INA 335; 8 CFR 335.1; 8 CFR 335.2 – Investigation and examination of applicants for naturalization
Footnotes
[^ 1] The term person includes any applicant, petitioner, beneficiary, sponsor, derivative, requestor, or person filing or associated with a benefit request.
[^ 2] The term biometrics refers to “the measurable biological (anatomical and physiological) or behavioral characteristics of a natural person, including the person’s fingerprints, photograph, or signature.”