Important Updates
Important Updates
May 14, 2025 | United KingdomResearch Professional News: ‘Negative Rhetoric’ Eclipses Easing of Visa Routes for Scientists
May 14, 2025 | CanadaCanada: New Immigration Minister Appointed
May 14, 2025 | Costa RicaCosta Rica: Appointment Delays Impacting Initial Accredited-Company Residence Applications
May 14, 2025 | Kazakhstan, MoroccoKazakhstan/Morocco: Mutual Visa Waiver Scheme in Effect
May 14, 2025 | United KingdomPBC Today: New Immigration Rules Could Put Further Strain on Construction SMEs
May 14, 2025 | United KingdomResearch Professional News: ‘Negative Rhetoric’ Eclipses Easing of Visa Routes for Scientists
May 14, 2025 | CanadaCanada: New Immigration Minister Appointed
May 14, 2025 | Costa RicaCosta Rica: Appointment Delays Impacting Initial Accredited-Company Residence Applications
May 14, 2025 | Kazakhstan, MoroccoKazakhstan/Morocco: Mutual Visa Waiver Scheme in Effect
May 14, 2025 | United KingdomPBC Today: New Immigration Rules Could Put Further Strain on Construction SMEs
May 14, 2025 | United KingdomResearch Professional News: ‘Negative Rhetoric’ Eclipses Easing of Visa Routes for Scientists
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian

Select Language

  • English
  • French
  • French - Canadian
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcastsVideos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationImmigration Matters: Your U.S. Compliance RoadmapFragomen Consulting EuropeAustralian 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
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts
  • Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Fragomen Consulting Europe
  • Australian Immigration: New Skills in Demand Visa

About Us

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

Select Language

  • English
  • French
  • French - Canadian
ContactCareersMedia
  • 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

Blog post

Labour Market Testing in the Asia-Pacific: Evolving Rules in a Global Talent Race

Practice Leader Khalisha Sharifah, Director Jenny Lee and Business Immigration Director Maysie Pandor discuss evolving rules for labour market testing in the Asia-Pacific region amid a global talent race.

Learn more

Media mentions

PBC Today: New Immigration Rules Could Put Further Strain on Construction SMEs

Partner Louise Haycock comments on how new immigration rules could affect access to global talent for the UK construction sector.

Learn more

Media mentions

Research Professional News: ‘Negative Rhetoric’ Eclipses Easing of Visa Routes for Scientists

UK Government Affairs Strategy Director Shuyeb Muquit notes that the UK’s immigration reforms may face challenges in fully attracting global talent to education and research unless eligibility is broadened.

Learn more

Blog post

Stay Abroad Without Losing Your Swiss B or C Permit: Key Rules by Nationality

Manager Mihaela Dumitru outlines essential guidelines for maintaining Swiss residency permits while living abroad, tailored to different nationalities.

Learn more

Media mentions

Building Design: Why Immigration is Key to Meeting the UK’s Housebuilding Targets

Manager Kirsty Moore and Associate Ilaria Iovieno highlight the need for immigration reform to help construction firms meet UK housebuilding targets.

Learn more

Video

Staying in Canada Post-Grad | Immigration Options for International Students

Partner Jack Kim explores the different immigration pathways available for international students who want to stay in Canada after graduation.

Learn more

Blog post

UK Government Ends Overseas Recruitment for Care Workers: A Bold New Direction

Partner Siobhan Owers, Senior Associate Asif Hanif and Immigration Paralegal Georgia Marshall discuss how the UK Government has recently announced the end of overseas recruitment for care workers, marking a significant policy shift.

Learn more

Media mentions

Construction Management: Changes to Skilled Visa Rules Announced

Partner Louise Haycock discusses how the success of the UK’s immigration reforms relies on practical implementation and clear guidance for employers.

Learn more

Media mentions

Construction Management: Youth Mobility Scheme: An Opportunity for Construction?

Manager Kirsty Moore and Associate Ilaria Iovieno highlight how a proposed UK-EU youth mobility scheme could ease construction labour shortages and lower recruitment costs.

Learn more

Media mentions

Dubai Eye: Managing Partner, Middle East and Africa Murtaza Ali Khan Discusses AI, Trade and Talent Mobility in the UAE

Managing Partner for the Middle East and Africa Murtaza Ali Khan highlights opportunities for AI, trade and talent mobility in the UAE.

Learn more

Blog post

Immigration Strategy for Work and Travel in the EU: Why Employers Must Plan Ahead

Immigration Supervisor Elisabeth Kamm and Business Immigration Consultant Marisa Gizzi discuss how employers must proactively plan for immigration strategies to ensure smooth work and travel arrangements in the EU.

Learn more

Media mentions

Ad Age: How US Agencies are Adjusting Cannes Lions Travel Plans Over Re-Entry Fears

Partner Daniel Schwarz highlights that heightened re-entry concerns are prompting US advertising agencies to take a more cautious approach to Cannes Lions travel, with many travelers seeking legal guidance.

Learn more

Blog post

Labour Market Testing in the Asia-Pacific: Evolving Rules in a Global Talent Race

Practice Leader Khalisha Sharifah, Director Jenny Lee and Business Immigration Director Maysie Pandor discuss evolving rules for labour market testing in the Asia-Pacific region amid a global talent race.

Learn more

Media mentions

PBC Today: New Immigration Rules Could Put Further Strain on Construction SMEs

Partner Louise Haycock comments on how new immigration rules could affect access to global talent for the UK construction sector.

Learn more

Media mentions

Research Professional News: ‘Negative Rhetoric’ Eclipses Easing of Visa Routes for Scientists

UK Government Affairs Strategy Director Shuyeb Muquit notes that the UK’s immigration reforms may face challenges in fully attracting global talent to education and research unless eligibility is broadened.

Learn more

Blog post

Stay Abroad Without Losing Your Swiss B or C Permit: Key Rules by Nationality

Manager Mihaela Dumitru outlines essential guidelines for maintaining Swiss residency permits while living abroad, tailored to different nationalities.

Learn more

Media mentions

Building Design: Why Immigration is Key to Meeting the UK’s Housebuilding Targets

Manager Kirsty Moore and Associate Ilaria Iovieno highlight the need for immigration reform to help construction firms meet UK housebuilding targets.

Learn more

Video

Staying in Canada Post-Grad | Immigration Options for International Students

Partner Jack Kim explores the different immigration pathways available for international students who want to stay in Canada after graduation.

Learn more

Blog post

UK Government Ends Overseas Recruitment for Care Workers: A Bold New Direction

Partner Siobhan Owers, Senior Associate Asif Hanif and Immigration Paralegal Georgia Marshall discuss how the UK Government has recently announced the end of overseas recruitment for care workers, marking a significant policy shift.

Learn more

Media mentions

Construction Management: Changes to Skilled Visa Rules Announced

Partner Louise Haycock discusses how the success of the UK’s immigration reforms relies on practical implementation and clear guidance for employers.

Learn more

Media mentions

Construction Management: Youth Mobility Scheme: An Opportunity for Construction?

Manager Kirsty Moore and Associate Ilaria Iovieno highlight how a proposed UK-EU youth mobility scheme could ease construction labour shortages and lower recruitment costs.

Learn more

Media mentions

Dubai Eye: Managing Partner, Middle East and Africa Murtaza Ali Khan Discusses AI, Trade and Talent Mobility in the UAE

Managing Partner for the Middle East and Africa Murtaza Ali Khan highlights opportunities for AI, trade and talent mobility in the UAE.

Learn more

Blog post

Immigration Strategy for Work and Travel in the EU: Why Employers Must Plan Ahead

Immigration Supervisor Elisabeth Kamm and Business Immigration Consultant Marisa Gizzi discuss how employers must proactively plan for immigration strategies to ensure smooth work and travel arrangements in the EU.

Learn more

Media mentions

Ad Age: How US Agencies are Adjusting Cannes Lions Travel Plans Over Re-Entry Fears

Partner Daniel Schwarz highlights that heightened re-entry concerns are prompting US advertising agencies to take a more cautious approach to Cannes Lions travel, with many travelers seeking legal guidance.

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.