Important Updates
Important Updates
January 20, 2026 | CanadaCanada: Family Reunification Permanent Residence Pathway for Ukrainian Citizens Announced
January 22, 2026 | 🌐Minimum Salary Changes Announced
January 21, 2026Fragomen Report Highlights Global Worker Shortfall of 85 Million by 2030
January 21, 2026 | United StatesNew York Law Journal: Rapid Developments Lead Immigration Attorneys to Constantly Adjust Practices
January 20, 2026Asia Pacific: Processing Delays and Closures Around Lunar New Year
January 20, 2026 | CanadaCanada: Family Reunification Permanent Residence Pathway for Ukrainian Citizens Announced
January 22, 2026 | 🌐Minimum Salary Changes Announced
January 21, 2026Fragomen Report Highlights Global Worker Shortfall of 85 Million by 2030
January 21, 2026 | United StatesNew York Law Journal: Rapid Developments Lead Immigration Attorneys to Constantly Adjust Practices
January 20, 2026Asia Pacific: Processing Delays and Closures Around Lunar New Year
January 20, 2026 | CanadaCanada: Family Reunification Permanent Residence Pathway for Ukrainian Citizens Announced
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
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration 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

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • 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 Show RFE Rates Remained High for Key Employer-Sponsored Nonimmigrant Categories in Q2 of FY 2020

May 6, 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 second quarter of FY 2020, the rate of requests for evidence remained high for H-1B and L-1 petitions though there was a modest improvement in H-1B and L-1 approval over Q2 of FY 2019.

The issue

U.S. Citizenship and Immigration Services (USCIS) data for the second quarter of FY 2020 show continued high rates of requests for evidence (RFEs) in key employer-sponsored nonimmigrant categories, though there was some improvement in H-1B, L-1 and TN 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.

USCIS H-1B approvals up modestly, as RFEs increased

In the second quarter of FY 2020, the H-1B approval rate was 87.1%, up almost 4% from the same period in FY 2019. Approval rates remain well below FY 2015’s overall H-1B approval rate of 95.7%.

The H-1B RFE rate was 35.8% in the second quarter of FY 2020, up 0.5% from the same period in FY 2019. RFE rates remain well above FY 2015’s rate of 22.3%. The odds of approval after an RFE were 68.2%, up nearly 10% from the same quarter in FY 2019. The rate of approvals after RFE remain well below FY 2015’s rate of 83.2%.

USCIS L-1 approvals up modestly, as RFEs increased

The approval rate for L-1 petitions at USCIS Service Centers was 74.3%, up just over 2% from the same period in FY 2019, and down almost 10% from FY 2015’s approval rate of 83.7%. L-1 filings were RFE’d at a rate of 53.6%, up 0.4% from the same period in FY 2019, and up almost 20% from FY 2015’s overall RFE rate of 34.3%. The rate of approval after RFE was 55.3% in the second 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 up modestly, as RFEs increased

The approval rate for TN petitions at USCIS was 88.7% in the second quarter of FY 2020, up 0.3% 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 25% in the second quarter of this fiscal year, up 0.5% from the same period in FY 2019. The rate of approval after RFE was 58%, up just over 3% from the same period in FY 2019, and nearly 15% 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

The rate of O-1 approvals is down by nearly 5% from its recent high of 94.1% in FY 2017. O-1 petitions were approved at a rate of 89% in the second quarter of this year, down 0.5% from the same period in FY 2019. The RFE rate rose to 30.1%, up just over 2% from the second quarter of FY 2019. Post-RFE approvals declined, to 64.8% from 67% in Q2 of FY 2019.

What this means for employers

USCIS’s second-quarter statistics for FY 2020 show slight improvement in outcomes in the H-1B, L-1 and TN categories; however, RFE rates increased or remained at their already high levels.  

Although a presidential proclamation issued late last month temporarily suspends the entry of certain immigrants and does not have an immediate impact on the H-1B, L-1 and other nonimmigrant worker programs, the proclamation directs the departments of Homeland Security and Labor to review the impact of nonimmigrant workers on U.S. workers. The results of that report could lead to future restrictions on nonimmigrant employment categories, with higher denial and RFE rates.

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

UK Earned Settlement Consultation and Indefinite Leave to Remain Changes - The Impact on the Aviation Sector 

Manager Adam Hickling, Senior Associate Veronica Ciocea and Immigration Consultant Daisy Dale analyse the UK government’s A Fairer Pathway to Settlement consultation and its potential implications for the aviation sector, including proposed changes to Indefinite Leave to Remain, settlement timelines and dependant eligibility.

Learn more

Fragomen news

Fragomen Report Highlights Global Worker Shortfall of 85 Million by 2030Learn more

Media mentions

New York Law Journal: Rapid Developments Lead Immigration Attorneys to Constantly Adjust Practices

Partner Parisa Karaahmet discusses how recent US immigration policy changes, including potential impacts on the H-1B lottery, are shaping employer planning.

Learn more

Media mentions

CTV Your Morning: Canada's Immigration System

Partner Rick Lamanna discussed Canada’s immigration system, noting backlogs, impacts on students and labour gaps tied to current immigration levels.

Learn more

Media mentions

Westlaw Today: US Green Card by Investment: EB-5 and Gold Card Options for Middle Eastern Investors

Partners Isha Atassi and Rahul Soni discuss US investment-based immigration options for Middle Eastern investors.

Learn more

Blog post

Why Degree Equivalency Matters in the UAE 

Partner Ali Haider, Director Shoaib Khaleeli, Manager Ruaida Hussein and Senior Immigration Consultant Katerina Hornickova examine why degree equivalency has become mandatory in the United Arab Emirates and how the process affects employment, professional licensing and visa eligibility.

Learn more

Video

Applying for German Citizenship: A Guide to Naturalization

Senior Associate Isabel Schnitzler explains key eligibility requirements for naturalization in Germany, including residence, language proficiency and financial self-sufficiency, as well as family eligibility considerations.

Learn more

Media mentions

Global Mobility Lawyer: Wage-Weighted H-1Bs Will End “Level Playing Field”

Partner Bo Cooper explains the impact of wage‑weighted selection on H‑1B registration and compliance.

Learn more

Media mentions

The PIE: What Maduro’s Seizure Means for Venezuelan Students Abroad

Partner Aaron Blumberg explains how heightened government scrutiny affecting students from countries such as Venezuela is shaping travel guidance for those studying in the US.

Learn more

Media mentions

Lexology Pro: H-1B Programme Braces for New Rules and Uncertainty in 2026

Partner K. Edward Raleigh highlights how recent H-1B changes are shaping employer compliance strategies.

Learn more

Media mentions

The Irish Times: Number of Work Permits Issued Last Year Drops by Almost a Quarter

Practice Leader Colm Collins explains that processing delays, shifting demand in information and communication technology (ICT) and renewal cycles contributed to last year’s drop in work permit approvals.

Learn more

Media mentions

Canadian Lawyer Magazine: Canada's Immigration System Is Reaching a Breaking Point: Canadian Immigration Lawyers Association

Partner Rick Lamanna examines current pressures on Canada’s immigration system, including processing delays, reduced admissions and policy uncertainty and the implications for applicants and employers.

Learn more

Blog post

UK Earned Settlement Consultation and Indefinite Leave to Remain Changes - The Impact on the Aviation Sector 

Manager Adam Hickling, Senior Associate Veronica Ciocea and Immigration Consultant Daisy Dale analyse the UK government’s A Fairer Pathway to Settlement consultation and its potential implications for the aviation sector, including proposed changes to Indefinite Leave to Remain, settlement timelines and dependant eligibility.

Learn more

Fragomen news

Fragomen Report Highlights Global Worker Shortfall of 85 Million by 2030Learn more

Media mentions

New York Law Journal: Rapid Developments Lead Immigration Attorneys to Constantly Adjust Practices

Partner Parisa Karaahmet discusses how recent US immigration policy changes, including potential impacts on the H-1B lottery, are shaping employer planning.

Learn more

Media mentions

CTV Your Morning: Canada's Immigration System

Partner Rick Lamanna discussed Canada’s immigration system, noting backlogs, impacts on students and labour gaps tied to current immigration levels.

Learn more

Media mentions

Westlaw Today: US Green Card by Investment: EB-5 and Gold Card Options for Middle Eastern Investors

Partners Isha Atassi and Rahul Soni discuss US investment-based immigration options for Middle Eastern investors.

Learn more

Blog post

Why Degree Equivalency Matters in the UAE 

Partner Ali Haider, Director Shoaib Khaleeli, Manager Ruaida Hussein and Senior Immigration Consultant Katerina Hornickova examine why degree equivalency has become mandatory in the United Arab Emirates and how the process affects employment, professional licensing and visa eligibility.

Learn more

Video

Applying for German Citizenship: A Guide to Naturalization

Senior Associate Isabel Schnitzler explains key eligibility requirements for naturalization in Germany, including residence, language proficiency and financial self-sufficiency, as well as family eligibility considerations.

Learn more

Media mentions

Global Mobility Lawyer: Wage-Weighted H-1Bs Will End “Level Playing Field”

Partner Bo Cooper explains the impact of wage‑weighted selection on H‑1B registration and compliance.

Learn more

Media mentions

The PIE: What Maduro’s Seizure Means for Venezuelan Students Abroad

Partner Aaron Blumberg explains how heightened government scrutiny affecting students from countries such as Venezuela is shaping travel guidance for those studying in the US.

Learn more

Media mentions

Lexology Pro: H-1B Programme Braces for New Rules and Uncertainty in 2026

Partner K. Edward Raleigh highlights how recent H-1B changes are shaping employer compliance strategies.

Learn more

Media mentions

The Irish Times: Number of Work Permits Issued Last Year Drops by Almost a Quarter

Practice Leader Colm Collins explains that processing delays, shifting demand in information and communication technology (ICT) and renewal cycles contributed to last year’s drop in work permit approvals.

Learn more

Media mentions

Canadian Lawyer Magazine: Canada's Immigration System Is Reaching a Breaking Point: Canadian Immigration Lawyers Association

Partner Rick Lamanna examines current pressures on Canada’s immigration system, including processing delays, reduced admissions and policy uncertainty and the implications for applicants and employers.

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

© 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.