Important Updates
Important Updates
May 19, 2026 | ParaguayParaguay: New Investor Pass Expands Permanent Residence Options
May 19, 2026 | United StatesBloomberg Law: ICE Raises the Stakes for Employers’ I-9 Compliance Failures
May 19, 2026 | CanadaCanada Managing Partner Cosmina Morariu Recognized Among Top Women Leaders of Toronto for 2026
May 19, 2026 | Cayman IslandsCayman Islands: New Immigration Act Tightens Hiring, Mobility and Compliance Rules
May 19, 2026 | MexicoMexico: Expanded Restrictive Requirements for Residence Visas
May 19, 2026 | ParaguayParaguay: New Investor Pass Expands Permanent Residence Options
May 19, 2026 | United StatesBloomberg Law: ICE Raises the Stakes for Employers’ I-9 Compliance Failures
May 19, 2026 | CanadaCanada Managing Partner Cosmina Morariu Recognized Among Top Women Leaders of Toronto for 2026
May 19, 2026 | Cayman IslandsCayman Islands: New Immigration Act Tightens Hiring, Mobility and Compliance Rules
May 19, 2026 | MexicoMexico: Expanded Restrictive Requirements for Residence Visas
May 19, 2026 | ParaguayParaguay: New Investor Pass Expands Permanent Residence Options
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
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
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • 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

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

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
ContactCareersMediaClient Portal
  • Insights

Latest USCIS Data Confirm Continued High Rates of Nonimmigrant RFEs and Denials in FY 2019

July 23, 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

  • In the first three quarters of FY 2019, the rate of requests for evidence and petition denials remain at unprecedented highs for H-1B and L-1 petitions filed at USCIS Service Centers.

  • RFE and denial rates for this fiscal year are likely to exceed last year’s highs.


A closer look

U.S. Citizenship and Immigration Services data for the first three quarters of fiscal year (FY) 2019 continue to show high rates of requests for evidence (RFE) and denials in several key employer-sponsored nonimmigrant categories. This trend remains consistent with the Trump Administration’s directive to tighten employment-based visa eligibility under the Buy American, Hire American Executive Order. 

H-1B RFEs and outcomes

H-1B approval rates remain well below where they stood five years ago when cases had a 95.7% chance of approval. In the first three quarters of FY 2019, the overall H-1B approval rate was 83.9%, which, while on par with the approval rate from the first three quarters of FY 2018,  is almost 10% down from the same period in FY 2017.

Lower rates of H-1B approvals have corresponded with higher rates of H-1B RFEs.  While the 39.6% H-1B RFE rate in the first three quarters of FY 2019 was only slightly higher than the rate for the same period in FY 2018, this year’s rate is almost double what it was for the same period in FY 2017. As for the  chances of receiving an approval after an H-1B petition has received an RFE, these odds are down by more than 11% from the same period in FY 2017 and more than 20% down from FY 2015.  

L-1 Service Center RFEs and outcomes

Similarly, approval rates for L-1 petitions adjudicated by USCIS are at their lowest levels in several years, down from a high of 85% in FY 2016. In the first three quarters of FY 2019, USCIS approved L-1 petitions at a rate of 72%, down from 78.4% in the same period in FY 2018 and 81.7% in the same period in FY 2017.

RFE rates, meanwhile, have continued to rise. The L-1 RFE rate in the first three quarters of this fiscal year was 53.7%, up by 9% from the same period last year and 18% from FY 2017. For cases that received RFEs, L-1 approval rates went down. The approval rate after an RFE fell to 50.7% in the first three quarters of FY 2019, from 52.6% in the same period last year. 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

Approval and RFE rates are trending in the same direction in the TN and O-1/O-2 categories. While the overall approval rate for TN petitions filed at a USCIS Service Center increased slightly to 89.5% in the first three quarters of FY 2019, up from 88.6% in the same period in FY 2018, they are down from 92.2% in the same period in FY 2017 and 95.1% in FY 2015.

Similarly, though the TN RFE rate fell to 24.9% in the first three quarters of this fiscal year, down from 28.7% in the same period last year, RFE rates have generally trended upward, from 17.3% in FY 2015 and 22% in the first three quarters of FY 2017.  Approval rates for cases that received RFEs have decreased to 59.2% thus far in FY 2019, from 62.1% in the same period in FY 2018 and 66.6% in FY 2017. The data released by USCIS do not include adjudication statistics for TN applications at U.S. ports of entry or consulates.

During the first three quarters of FY 2019, the approval rate for O-1 and O-2 petitions fell to 90.9%, from 92.8% in the same period in FY 2018. The RFE rate was 26.8%, up just over 4% from the same period last year. The approval rate after an RFE declined to 66.8% thus far in FY 2019, from 69% in the same period in FY 2018 and 74% in FY 2017.

What the latest data mean for employers

The latest USCIS data confirm that employers continue to face increasing hurdles when petitioning for nonimmigrant employees in the current environment. Fragomen closely follows adjudication trends at USCIS and will issue further client alerts as new data become available.

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

Media mentions

Bloomberg Law: ICE Raises the Stakes for Employers’ I-9 Compliance Failures

Partner Daniel Brown discussed how updated Immigration and Customs Enforcement guidance could increase employer exposure to I-9 compliance penalties.

Learn more

Awards

Canada Managing Partner Cosmina Morariu Recognized Among Top Women Leaders of Toronto for 2026

Canada Managing Partner Cosmina Morariu is recognized by Women We Admire among the Top Women Leaders of Toronto for 2026 for her leadership in immigration and global mobility.

Learn more

Video

How to Hire International Employees in the UK: Visas Explained for Employers

Senior Manager Harry Goldstraw outlines key considerations for UK employers hiring international talent, including sponsorship requirements, visa pathways and compliance obligations shaping workforce mobility strategy.

Learn more

Article

The Myth of A1 Simplification: Why EU Business Travel Compliance Is Becoming More Complex

Senior Counsel Jo Antoons examines how the EU’s proposed social security reforms are reshaping A1 compliance for business travel, introducing “Day One” requirements and greater complexity.

Learn more

Awards

Fragomen Wins 2026 FEM Americas EMMAs for Outstanding Agility & Crisis Management and Thought Leadership

Fragomen is recognized with multiple honors at the 2026 FEM Americas EMMAs, including Outstanding Agility & Crisis Management as a Service Provider and Thought Leadership – Best Survey or Research Study of the Year for the Worldwide Immigration Trends Report 2026.

Learn more

Blog post

Housing Market Dynamics in Saudi Arabia: Policy Changes, Rent Stabilization and Cost of Living Implications for Employers

Destination Services Director Christine Sperr examines how housing market reforms, rent stabilization measures and cost-of-living dynamics in Saudi Arabia are influencing workforce mobility, compensation planning and long-term settlement strategies under Vision 2030.

Learn more

Visas

German Visa Risks: What Past Unauthorised Employment Means for Your Visa Application

Manager Dr. Adela Schmidt explains how German authorities assess past travel and business activities and why suspected unauthorized work during prior visits can lead to visa refusals and temporary entry bans.

Learn more

Video

Romania Launches Unified Work Permit System | #MobilityMinute

Assistant Manager Sukhjeet Kaur discusses Romania’s proposed immigration reforms, including new visa categories, employer authorization requirements and a new digital immigration platform.

Learn more

Podcast

Why Strategy Matters Now: Inside the Center for Strategy and Applied Insights

Partner Cosmina Morariu and Senior Director Leah Rogal discuss the mission of Fragomen’s Center for Strategy and Applied Insights and how it helps organizations and governments navigate evolving immigration policy and global talent mobility challenges.

Learn more

Fragomen news

Fragomen and Papaya Global Launch Strategic Partnership to Streamline Global Mobility and Compliance

Fragomen and Papaya Global announce a strategic partnership combining workforce technology and immigration capabilities to help organizations simplify global mobility, enhance compliance and manage cross-border workforces through a more integrated, technology-enabled approach.

Learn more

Video

Understanding Immigration in Latin America: Residency Options and Citizenship Pathways

Latin America & the Caribbean Managing Partner Leonor Echeverria explores how Latin America’s evolving immigration landscape offers accessible and flexible residence pathways for foreign nationals, highlighting key visa options, regional trends and the growing role of digital modernization across the region.

Learn more

Podcast

Reality Check Pt. 2: Immigration Law in Pop Culture

Senior Associate Stephanie Weaver and Associate Julia Manacher continue their discussion on immigration law in popular culture, examining how television and media portray immigration processes and the realities behind common immigration storylines.

Learn more

Media mentions

Bloomberg Law: ICE Raises the Stakes for Employers’ I-9 Compliance Failures

Partner Daniel Brown discussed how updated Immigration and Customs Enforcement guidance could increase employer exposure to I-9 compliance penalties.

Learn more

Awards

Canada Managing Partner Cosmina Morariu Recognized Among Top Women Leaders of Toronto for 2026

Canada Managing Partner Cosmina Morariu is recognized by Women We Admire among the Top Women Leaders of Toronto for 2026 for her leadership in immigration and global mobility.

Learn more

Video

How to Hire International Employees in the UK: Visas Explained for Employers

Senior Manager Harry Goldstraw outlines key considerations for UK employers hiring international talent, including sponsorship requirements, visa pathways and compliance obligations shaping workforce mobility strategy.

Learn more

Article

The Myth of A1 Simplification: Why EU Business Travel Compliance Is Becoming More Complex

Senior Counsel Jo Antoons examines how the EU’s proposed social security reforms are reshaping A1 compliance for business travel, introducing “Day One” requirements and greater complexity.

Learn more

Awards

Fragomen Wins 2026 FEM Americas EMMAs for Outstanding Agility & Crisis Management and Thought Leadership

Fragomen is recognized with multiple honors at the 2026 FEM Americas EMMAs, including Outstanding Agility & Crisis Management as a Service Provider and Thought Leadership – Best Survey or Research Study of the Year for the Worldwide Immigration Trends Report 2026.

Learn more

Blog post

Housing Market Dynamics in Saudi Arabia: Policy Changes, Rent Stabilization and Cost of Living Implications for Employers

Destination Services Director Christine Sperr examines how housing market reforms, rent stabilization measures and cost-of-living dynamics in Saudi Arabia are influencing workforce mobility, compensation planning and long-term settlement strategies under Vision 2030.

Learn more

Visas

German Visa Risks: What Past Unauthorised Employment Means for Your Visa Application

Manager Dr. Adela Schmidt explains how German authorities assess past travel and business activities and why suspected unauthorized work during prior visits can lead to visa refusals and temporary entry bans.

Learn more

Video

Romania Launches Unified Work Permit System | #MobilityMinute

Assistant Manager Sukhjeet Kaur discusses Romania’s proposed immigration reforms, including new visa categories, employer authorization requirements and a new digital immigration platform.

Learn more

Podcast

Why Strategy Matters Now: Inside the Center for Strategy and Applied Insights

Partner Cosmina Morariu and Senior Director Leah Rogal discuss the mission of Fragomen’s Center for Strategy and Applied Insights and how it helps organizations and governments navigate evolving immigration policy and global talent mobility challenges.

Learn more

Fragomen news

Fragomen and Papaya Global Launch Strategic Partnership to Streamline Global Mobility and Compliance

Fragomen and Papaya Global announce a strategic partnership combining workforce technology and immigration capabilities to help organizations simplify global mobility, enhance compliance and manage cross-border workforces through a more integrated, technology-enabled approach.

Learn more

Video

Understanding Immigration in Latin America: Residency Options and Citizenship Pathways

Latin America & the Caribbean Managing Partner Leonor Echeverria explores how Latin America’s evolving immigration landscape offers accessible and flexible residence pathways for foreign nationals, highlighting key visa options, regional trends and the growing role of digital modernization across the region.

Learn more

Podcast

Reality Check Pt. 2: Immigration Law in Pop Culture

Senior Associate Stephanie Weaver and Associate Julia Manacher continue their discussion on immigration law in popular culture, examining how television and media portray immigration processes and the realities behind common immigration storylines.

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
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

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

© 2026 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.