Overview/The Issue

The Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS), has proposed a major update to its rules governing biometric data collection for immigration purposes. The Notice of Proposed Rulemaking (NPRM), published on November 3, 2025, describes a proposed system that reflects technological advances in identity verification, with a stated goal of enhancing security, and improving efficiency across immigration processes.

Key Highlights/A Deeper Dive

The primary aspects of the NPRM are as follows:

• Expanded Definition: “Biometrics” would include fingerprints, photos, signatures, voiceprints, iris and palm scans, and limited DNA analysis. The NPRM also provides that DHS could adopt behavioral identifiers (like typing rhythm or gait) as technology evolves.• Broader Applicability: Biometrics could be required from applicants, petitioners, beneficiaries, sponsors, and household members when necessary for identity or security checks.

  • Flexible Use and Reuse: DHS could collect, store, and reuse biometrics across applications and over time, with authority to request updated samples when standards change. The NPRM envisions remote or digital submission options in the future.

  • Privacy and Safeguards: The NPRM affirms that DHS will comply with the Privacy Act and federal data-protection standards, and will be subject to continued oversight by the Privacy Office and Office for Civil Rights and Civil Liberties. DNA collection would be limited to verifying biological relationships in specific family-based or humanitarian contexts.

The proposal is open for public comment until January 2, 2026. DHS will review feedback before issuing a final rule. We encourage employers and applicants concerned about the scope of the proposed expansion of biometric data collection to consider submitting comments before the deadline.

Meltzer Hellrung Perspective

If finalized, the NPRM would be the most comprehensive biometric modernization in years. The expanded framework underscores DHS’s push for more secure and efficient immigration processing, but raises important questions about privacy, oversight, and proportionality. Meltzer Hellrung will continue to monitor this rulemaking and advise clients on its implications for U.S. immigration strategy and compliance.

Contact: For questions or assistance with comment submissions, please contact your Meltzer Hellrung attorney.