Important Updates
Important Updates
July 8, 2025 | PortugalPortugal: Automatic Residence Permit Extension
July 8, 2025 | CanadaCanada: IRCC Clarifies New Language and Study Requirements and Other Eligibility Criteria for Post-Graduation Work Permits
July 8, 2025 | United KingdomFragomen, Julia Onslow-Cole Shortlisted for FT Innovative Lawyers Europe 2025 Awards
July 8, 2025 | United KingdomLeading Britain's Conversation: UK Businesses Urged to Act Fast as Immigration Reforms Clash With Industrial Strategy
July 8, 2025 | United StatesPartners Nadine Bahnan, Ruth Spillane and Karine Wenger Named to San Diego Business Journal’s 2025 Women of Influence in Law
July 8, 2025 | PortugalPortugal: Automatic Residence Permit Extension
July 8, 2025 | CanadaCanada: IRCC Clarifies New Language and Study Requirements and Other Eligibility Criteria for Post-Graduation Work Permits
July 8, 2025 | United KingdomFragomen, Julia Onslow-Cole Shortlisted for FT Innovative Lawyers Europe 2025 Awards
July 8, 2025 | United KingdomLeading Britain's Conversation: UK Businesses Urged to Act Fast as Immigration Reforms Clash With Industrial Strategy
July 8, 2025 | United StatesPartners Nadine Bahnan, Ruth Spillane and Karine Wenger Named to San Diego Business Journal’s 2025 Women of Influence in Law
July 8, 2025 | PortugalPortugal: Automatic Residence Permit Extension
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

Latest USCIS Data Show RFE and Denial Rates Remained High for Key Employer-Sponsored Nonimmigrant Categories in the First Quarter of FY 2020

January 30, 2020

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 quarter of FY 2020, the rate of requests for evidence and petition denials remained high for H-1B petitions, though there was a modest improvement in H-1B approval and RFE rates in comparison to Q1 of FY 2019.
  • L-1 petitions filed at USCIS Service Centers saw a drop in approvals, as RFEs increased 5.5% over Q1 of FY 2019.

The issue

U.S. Citizenship and Immigration Services (USCIS) data for the first quarter of FY 2020 show continued high rates of requests for evidence (RFEs) and denials in key employer-sponsored nonimmigrant categories, though there was some improvement in H-1B outcomes. The overall RFE and denial trends are consistent with the Trump Administration’s directive to tighten employment-based visa eligibility under the Buy American, Hire American Executive Order.

H-1B approvals saw modest increase as RFE rate dropped somewhat

In the first quarter of FY 2020, the H-1B approval rate was 83.4%, up 8% from the same period in FY 2019, and on par with the approval rate in the first quarter of FY 2018. Approval rates remain well below FY 2015’s overall H-1B approval rate of 95.7%.

The H-1B RFE rate was 47.2% in the first quarter of FY 2020, down nearly 13% from the same period in FY 2019, but comparable to the RFE rate in the first quarter of FY 2018. RFE rates remain nearly double those of FY 2015. The odds of approval after an RFE were 67.2%, up nearly 6% from the same quarter in FY 2018. The rate of approvals after RFE remain well below FY 2015’s rate of 83.2%.

USCIS L-1 approvals down, RFEs increased

The approval rate for L-1 petitions at USCIS Service Centers was 73.1%, down just over 1% from the same period in FY 2019, and more than 10% from FY 2015’s approval rate of 83.7%.  L-1 filings were RFE’d at a rate of 57.5%, up 5.5% from the same period in FY 2019, and up more than 20% from FY 2015’s overall RFE rate of 34.3%. The rate of approval after RFE was 54.9% in the first quarter of FY 2020, slightly up from Q1 of FY 2019, but generally on par with the post-RFE approval rate of recent years.

The USCIS statistics do not include outcomes from L-1 applications at U.S. consulates or ports of entry.

USCIS TN approvals down modestly, RFE rate steady

The approval rate for TN petitions at USCIS was 87.5% in the first quarter of FY 2020, down roughly 1% from the same period in FY 2019 and well under FY 2015’s overall USCIS TN approval rate of 95.1%. The rate of RFEs for TN petitions was 27.9% in the first quarter of this fiscal year, with no change from the same period in FY 2019. The rate of approval after RFE was 56.6%, down just over 3% from the same period in FY 2019, and nearly 20% lower than the post-RFE approval rate of FY 2015.

The USCIS statistics do not include outcomes from TN applications at ports of entry or U.S. consulates.

O-1 approvals dropped slightly, as RFEs increased

O-1 petitions were approved at a rate of 90.2% in the first quarter of this year, down 0.5% from the same period in FY 2019. The RFE rate rose to 29.5%, up just over 1.5% from the first quarter of FY 2019.  Post-RFE approvals rose slightly, to 67.5% from 67.1% in Q1 of FY 2019.  The rate of O-1 approvals is down by nearly 4% from its recent high of 94.1% in FY 2017.

What this means for employers

USCIS’s first-quarter statistics for FY 2020 show slight improvement in outcomes in the H-1B category, as the agency modified some of the strict positions it took in FY 2019, particularly in regard to entry-level H-1B wages. However, approval rates decreased and RFE rates increased or remained at their already high levels for other employer-sponsored nonimmigrant categories.   

In the coming months, USCIS is expected to issue several proposed regulations concerning the H-1B and L-1 categories, among others. Those proposals are expected to seek to tighter eligibility criteria and impose new obligations on employers.

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

2025 APAC and Europe Immigration Trends: Shared Goals, Diverging Tools

This blog highlights the most significant immigration trends across both Europe and Asia Pacific (APAC) in 2025.

Learn more

Video

Canada Express Entry Explained: Who’s Eligible and How to Apply

In this video, Partner Jack Kim explains how Canada’s Express Entry system works.

Learn more

Awards

Fragomen, Julia Onslow-Cole Shortlisted for FT Innovative Lawyers Europe 2025 Awards

Fragomen and Partner Julia Onslow-Cole are shortlisted for the FT Innovative Lawyers Europe 2025 Awards.

Learn more

Media mentions

Leading Britain's Conversation: UK Businesses Urged to Act Fast as Immigration Reforms Clash With Industrial Strategy

Associate Aisha Shahid highlights how upcoming UK immigration reforms may impact key sectors and urges businesses to prepare.

Learn more

Awards

Partners Nadine Bahnan, Ruth Spillane and Karine Wenger Named to San Diego Business Journal’s 2025 Women of Influence in Law

Partners Nadine Bahnan, Ruth Spillane and Karine Wenger are named to San Diego Business Journal’s 2025 Women of Influence in Law list.

Learn more

Blog post

Private Client Options in APAC: Bespoke Services and Residency Planning

Business Immigration Manager Yvonne Lee and Assistant Business Immigration Manager Shirley Kock discuss bespoke services and residency planning options for private clients in the Asia-Pacific region.

Learn more

Media mentions

Público: Os cuidados que pessoas LGBTQIA+ devem ter quando decidirem emigrar

Brazil Managing Partner Diana Quintas highlights the importance of understanding local laws and protections when LGBTQIA+ individuals consider emigrating.

Learn more

Media mentions

The PIE: Trump Eyes Time Limits on US Student Visas

Partner Aaron Blumberg explains how proposed student visa limits could create challenges and add administrative burdens for international students.

Learn more

Podcast

David Kipp über Migration von Indien nach Deutschland

David Kipp von der Stiftung Wissenschaft und Politik im Gespräch mit Marius Tollenaere, Partner im Frankfurter Büro von Fragomen.

Learn more

Blog post

EB-5: What You Should Know—And Why It Might Be Worth It

Partner Dan Schwarz and Senior Associate Mikhail (Mike) Izrailev provide an overview of the EB-5 visa program, highlighting its benefits and key considerations for potential investors.

Learn more

Media mentions

Startup Valley Magazin: Workation: Wettbewerbsvorteil oder rechtliches Minenfeld?

Senior Manager Katharina Vorländer discusses workations as a way to support talent retention, noting the legal, tax and immigration considerations involved.

Learn more

Blog post

The 11th Seat: Timor-Leste's ASEAN Debut and the Shifting Map of Regional Mobility

Business Immigration Consultant Ryaihanny Sahrom discusses Timor-Leste's ASEAN debut and its impact on regional mobility.

Learn more

Blog post

2025 APAC and Europe Immigration Trends: Shared Goals, Diverging Tools

This blog highlights the most significant immigration trends across both Europe and Asia Pacific (APAC) in 2025.

Learn more

Video

Canada Express Entry Explained: Who’s Eligible and How to Apply

In this video, Partner Jack Kim explains how Canada’s Express Entry system works.

Learn more

Awards

Fragomen, Julia Onslow-Cole Shortlisted for FT Innovative Lawyers Europe 2025 Awards

Fragomen and Partner Julia Onslow-Cole are shortlisted for the FT Innovative Lawyers Europe 2025 Awards.

Learn more

Media mentions

Leading Britain's Conversation: UK Businesses Urged to Act Fast as Immigration Reforms Clash With Industrial Strategy

Associate Aisha Shahid highlights how upcoming UK immigration reforms may impact key sectors and urges businesses to prepare.

Learn more

Awards

Partners Nadine Bahnan, Ruth Spillane and Karine Wenger Named to San Diego Business Journal’s 2025 Women of Influence in Law

Partners Nadine Bahnan, Ruth Spillane and Karine Wenger are named to San Diego Business Journal’s 2025 Women of Influence in Law list.

Learn more

Blog post

Private Client Options in APAC: Bespoke Services and Residency Planning

Business Immigration Manager Yvonne Lee and Assistant Business Immigration Manager Shirley Kock discuss bespoke services and residency planning options for private clients in the Asia-Pacific region.

Learn more

Media mentions

Público: Os cuidados que pessoas LGBTQIA+ devem ter quando decidirem emigrar

Brazil Managing Partner Diana Quintas highlights the importance of understanding local laws and protections when LGBTQIA+ individuals consider emigrating.

Learn more

Media mentions

The PIE: Trump Eyes Time Limits on US Student Visas

Partner Aaron Blumberg explains how proposed student visa limits could create challenges and add administrative burdens for international students.

Learn more

Podcast

David Kipp über Migration von Indien nach Deutschland

David Kipp von der Stiftung Wissenschaft und Politik im Gespräch mit Marius Tollenaere, Partner im Frankfurter Büro von Fragomen.

Learn more

Blog post

EB-5: What You Should Know—And Why It Might Be Worth It

Partner Dan Schwarz and Senior Associate Mikhail (Mike) Izrailev provide an overview of the EB-5 visa program, highlighting its benefits and key considerations for potential investors.

Learn more

Media mentions

Startup Valley Magazin: Workation: Wettbewerbsvorteil oder rechtliches Minenfeld?

Senior Manager Katharina Vorländer discusses workations as a way to support talent retention, noting the legal, tax and immigration considerations involved.

Learn more

Blog post

The 11th Seat: Timor-Leste's ASEAN Debut and the Shifting Map of Regional Mobility

Business Immigration Consultant Ryaihanny Sahrom discusses Timor-Leste's ASEAN debut and its impact on regional mobility.

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.