Important Updates
Important Updates
August 21, 2025 | United StatesFragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in America™
August 22, 2025 | JordanJordan: Vietnamese Nationals Can Now Obtain E-Visas, Visas-on-Arrival
August 22, 2025 | New ZealandNew Zealand: New Parent Boost Visitor Visa Forthcoming
August 22, 2025 | United StatesPartners Molly Carey and Catherine Macris Named 2025 New England Legal Awards Finalists
August 22, 2025 | United StatesThe Advocate: Navigating the Complexities of Business Immigration Law
August 21, 2025 | United StatesFragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in America™
August 22, 2025 | JordanJordan: Vietnamese Nationals Can Now Obtain E-Visas, Visas-on-Arrival
August 22, 2025 | New ZealandNew Zealand: New Parent Boost Visitor Visa Forthcoming
August 22, 2025 | United StatesPartners Molly Carey and Catherine Macris Named 2025 New England Legal Awards Finalists
August 22, 2025 | United StatesThe Advocate: Navigating the Complexities of Business Immigration Law
August 21, 2025 | United StatesFragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in America™
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

Employers See More RFEs and Denials, USCIS Data Confirm

February 25, 2019

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

  • Between FY 2015 and FY 2018, the rate of approvals fell and the rate of requests for evidence rose for H-1B, L-1, TN and O petitions filed at USCIS Service Centers.
  • H-1B employers in the IT consulting industry saw higher than average denial rates, consistent with increasingly stringent policies at USCIS.
  • Though the rate of RFEs and denials has been increasing for several immigration categories since the Obama Administration, there was a significant uptick in the wake of the Trump Administration’s Buy American, Hire American executive order.

A closer look

New data from U.S. Citizenship and Immigration Services show declining approvals and higher rates of requests for evidence (RFEs) for several key employer-sponsored nonimmigrant categories, including H-1B and L-1, between FY 2015 and the first quarter of FY 2019. 

The new USCIS data reflect adjudication patterns in both the Obama and Trump Administrations.  Though RFE and denial rates have increased in several nonimmigrant categories since FY 2015, the greatest increases occurred after the Trump Administration’s Buy American, Hire American executive order, which was issued in April 2017.

H-1B RFEs and outcomes

The overall rate of H-1B approval fell from 95.7% in FY 2015 to 84.5% in FY 2018.  The approval rate during the first quarter of FY 2019 was 75.4%.  H-1B RFE rates rose from 22.3% in FY 2015 to 38% in FY 2018, and stood at 60% in the first quarter of FY 2019. 


Employers in the IT consulting industry saw higher than average RFE and denial rates, consistent with increasingly stringent agency policies on the H-1B eligibility of certain technology occupations and on third-party placement of H-1B workers.

L-1 Service Center RFEs and outcomes

USCIS approved L-1 petitions at a rate of 77.8% in FY 2018, down from a high of 85% in FY 2016.  The approval rate during the first quarter of FY 2019 was 74.4%.  The L-1 RFE rate rose from 34.3% in FY 2015 to 45.6% in FY 2018.  The RFE rate for the first quarter of FY 2019 was 51.8%.


The data released by USCIS do not include adjudication statistics for L-1 applications at U.S. consulates or ports of entry.

TN and O-1/O-2 trends at USCIS

The approval rate for TN petitions filed at a USCIS Service Center fell from 95.1% in FY 2015 to 88.2% in FY 2018, while RFE rates increased from 17.3% in FY 2015 to 28.2% in FY 2018. Approval rates fell more markedly after USCIS restricted use of the TN economist category in December 2017.  The data released by USCIS do not include adjudication statistics for TN applications at U.S. ports of entry or consulates.

The approval rate for O-1 and O-2 petitions fell modestly from 92% in FY 2015 to 90.7% in FY 2018.  The rate of RFEs increased from 24.9% to 27.8% in the same period.

What the new data mean for employers

The new data from USCIS confirm that, though the majority of H-1B, L-1, TN and O-1/O-2 petitions are ultimately approved, employers face increasing hurdles when petitioning for nonimmigrant employees and must expend more time and resources responding to evidence requests and, for those foreign nationals whose petitions are denied, seeking alternative immigration options.

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

Video

Navigating Business Travel in Germany: Essential Insights | #MobilityMinute

Senior Associate Isabel Schnitzler discusses how to navigate business travel in Germany.

Learn more

Awards

Partners Molly Carey and Catherine Macris Named 2025 New England Legal Awards Finalists

Partners Molly Carey and Catherine Macris are finalists for the 2025 New England Legal Awards in the Partner of the Year and Regional Managing Partner of the Year categories.

Learn more

Media mentions

The Advocate: Navigating the Complexities of Business Immigration Law

Matawan Managing Partner Rahul Shah reflects on his path in immigration law and shares his perspective on global mobility.

Learn more

Awards

Fragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in America™

The 2026 edition of The Best Lawyers in America™ honors numerous Fragomen attorneys for excellence in immigration law, including Partner Sarah K. Peterson, who received the distinguished “Lawyer of the Year” award.

Learn more

Video

Greek Citizenship by Descent: Are You Eligible?

In this video, Senior Manager Ben Morgan offers a comprehensive overview of Greek citizenship by descent—a key pathway for individuals with Greek ancestry to obtain citizenship.

Learn more

Blog post

Start Smart: Visa Pathways for Educational Opportunities in Thailand

Partner Aim-on Larpisal and Senior Knowledge Management Specialist outline key visa options available to international students seeking to study in Thailand, emphasizing strategic planning for a smooth application process.

Learn more

Fragomen news

Partner Charles Johanes contributes to Global Mobility Lawyer’s Guide to Global Immigration

Partner Charles Johanes contributed insights to the Australia section of a global immigration and mobility guide.

Learn more

Media mentions

Pittsburgh Business Times: Viewpoint: Immigration Compliance: A Strategic Imperative for Today’s Employers

Pittsburgh Managing Partner Alex Castrodale and Associate Adam Teets highlight the need for US employers to prepare for unannounced immigration compliance checks.

Learn more

Blog post

From Ground Staff to Game Day: UK Skilled Worker Visa Changes in 2025 and the Impact on the Hidden Workforce in Sports Sector

Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.

Learn more

Blog post

Talent & Policy: Navigating Career Beginnings and Hiring Challenges in Singapore

Assistant Business Immigration Managers Jeszel Panistante-Cabral, Elsie Lim and Nellanie Quimson explore the complexities young professionals face entering the workforce and the evolving hiring landscape in Singapore.

Learn more

Blog post

Global Mobility Support and Visa Services: Fragomen’s Outbound Solutions from Germany

Director David Iannella discusses Fragomen Germany’s approach to outbound immigration solutions and how the office supports global mobility through visa services and compliance expertise.

Learn more

Blog post

Lifting the Curtain: Saudi Arabia Demands Full Disclosure of Real Company Owners

Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung discuss Saudi Arabia’s push for corporate transparency through new ownership disclosure rules.

Learn more

Video

Navigating Business Travel in Germany: Essential Insights | #MobilityMinute

Senior Associate Isabel Schnitzler discusses how to navigate business travel in Germany.

Learn more

Awards

Partners Molly Carey and Catherine Macris Named 2025 New England Legal Awards Finalists

Partners Molly Carey and Catherine Macris are finalists for the 2025 New England Legal Awards in the Partner of the Year and Regional Managing Partner of the Year categories.

Learn more

Media mentions

The Advocate: Navigating the Complexities of Business Immigration Law

Matawan Managing Partner Rahul Shah reflects on his path in immigration law and shares his perspective on global mobility.

Learn more

Awards

Fragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in America™

The 2026 edition of The Best Lawyers in America™ honors numerous Fragomen attorneys for excellence in immigration law, including Partner Sarah K. Peterson, who received the distinguished “Lawyer of the Year” award.

Learn more

Video

Greek Citizenship by Descent: Are You Eligible?

In this video, Senior Manager Ben Morgan offers a comprehensive overview of Greek citizenship by descent—a key pathway for individuals with Greek ancestry to obtain citizenship.

Learn more

Blog post

Start Smart: Visa Pathways for Educational Opportunities in Thailand

Partner Aim-on Larpisal and Senior Knowledge Management Specialist outline key visa options available to international students seeking to study in Thailand, emphasizing strategic planning for a smooth application process.

Learn more

Fragomen news

Partner Charles Johanes contributes to Global Mobility Lawyer’s Guide to Global Immigration

Partner Charles Johanes contributed insights to the Australia section of a global immigration and mobility guide.

Learn more

Media mentions

Pittsburgh Business Times: Viewpoint: Immigration Compliance: A Strategic Imperative for Today’s Employers

Pittsburgh Managing Partner Alex Castrodale and Associate Adam Teets highlight the need for US employers to prepare for unannounced immigration compliance checks.

Learn more

Blog post

From Ground Staff to Game Day: UK Skilled Worker Visa Changes in 2025 and the Impact on the Hidden Workforce in Sports Sector

Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.

Learn more

Blog post

Talent & Policy: Navigating Career Beginnings and Hiring Challenges in Singapore

Assistant Business Immigration Managers Jeszel Panistante-Cabral, Elsie Lim and Nellanie Quimson explore the complexities young professionals face entering the workforce and the evolving hiring landscape in Singapore.

Learn more

Blog post

Global Mobility Support and Visa Services: Fragomen’s Outbound Solutions from Germany

Director David Iannella discusses Fragomen Germany’s approach to outbound immigration solutions and how the office supports global mobility through visa services and compliance expertise.

Learn more

Blog post

Lifting the Curtain: Saudi Arabia Demands Full Disclosure of Real Company Owners

Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung discuss Saudi Arabia’s push for corporate transparency through new ownership disclosure rules.

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.