Important Updates
Important Updates
October 13, 2025 | United KingdomUnited Kingdom: Migration Advisory Committee Publishes First Stage Temporary Shortage List Report
October 14, 2025 | ColombiaColombia: New Application Fee Implemented for 30-Day Permit to Develop Other Activities
October 14, 2025 | United KingdomGlobal Mobility Lawyer: Founders Without Frontiers: Navigating Immigration Rules for Start-Ups
October 13, 2025 | Belgium, European UnionThe New York Times: Visiting the European Union? Expect to Give Your Biometric Data.
October 13, 2025 | United Arab EmiratesThe Times: Bye bye, Dubai: why families are heading for Abu Dhabi
October 13, 2025 | United KingdomUnited Kingdom: Migration Advisory Committee Publishes First Stage Temporary Shortage List Report
October 14, 2025 | ColombiaColombia: New Application Fee Implemented for 30-Day Permit to Develop Other Activities
October 14, 2025 | United KingdomGlobal Mobility Lawyer: Founders Without Frontiers: Navigating Immigration Rules for Start-Ups
October 13, 2025 | Belgium, European UnionThe New York Times: Visiting the European Union? Expect to Give Your Biometric Data.
October 13, 2025 | United Arab EmiratesThe Times: Bye bye, Dubai: why families are heading for Abu Dhabi
October 13, 2025 | United KingdomUnited Kingdom: Migration Advisory Committee Publishes First Stage Temporary Shortage List Report
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 AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration 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
  • Travel & Mobility Considerations: Situation in the Middle East
  • 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

Report Confirms Significant Increase in H-1B and L-1 RFE and Denial Rates

July 27, 2018

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 fourth quarter of fiscal year (FY) 2017, USCIS issued a request for evidence (RFE) in nearly 70% of the H-1B petitions filed with the agency. Fourth quarter RFEs nearly equaled the number issued in the first three quarters combined.
  • L-1A and L-1B denials increased by 67% and 32% respectively between the first and fourth quarters of FY 2017. 

The situation

The Trump Administration’s Buy American, Hire American (BAHA) Executive Order and related policies have led to higher rates of requests for evidence and denials of H-1B and L-1 petitions, according to a report issued by the National Foundation for American Policy (NFAP). Analyzing data released by U.S. Citizenship and Immigration Services (USCIS), the report confirms that it has become increasingly difficult for high-skilled foreign workers to obtain work authorization in the United States. Notably, H-1B requests for evidence (RFEs) increased by almost 300% between the third (Q3) and fourth (Q4) quarters of fiscal year (FY) 2017, while H-1B denials increased by 41% in the same period, following implementation of the BAHA order. The report also highlights an increase in L-1A and L-1B petition denial rates. 

H-1B trends

USCIS data shows that employers have seen a surge in RFEs and denials for H-1B petitions. The number of RFEs issued by USCIS more than doubled between April and September 2017, rising from 28,711 in Q3 to 63,184 in Q4. Notably, the number of RFEs for Q4 almost equaled the total number of RFEs issued for the first three quarters of FY 2017 (63,599). Based on reports from employers, heightened scrutiny of H-1B filings has continued in FY 2018, which began in October 2017. 

H-1B RFE and denial rates for FY 2017 follow:

L-1B trends

Though RFE rates for L-1B petitions remained relatively consistent throughout FY 2017, there was an almost one-third increase in L-1B denials between Q1 and Q4 of 2017, from 21.7% to 28.7%. High denial rates have continued in FY 2018, with a 30.5% rate between October and December 2018, and a 29.2% rate between January and March 2018. The current denial trend is a marked increase from FY 2016, which had an overall L-1B denial rate of 24%. 

L-1B RFE and denial rates for FY 2017 follow:

L-1A trends

Similarly, RFE rates for L-1A petitions remained relatively consistent throughout FY 2017, while denial rates saw a noticeable increase in Q2.  Overall L-1A denial rates increased by 67%, from 12.8% to 21.4% between Q1 and Q4 of FY 2017.

L-1A RFE and denial rates for FY 2017 follow:

What this means for employers

The NFAP report confirms that, consistent with Buy American, Hire American priorities, USCIS has taken an increasingly restrictive approach to employment-based immigration, and employers face greater challenges in sponsoring high-skilled foreign nationals to work in the United States. Compounding the effects of these adjudication trends are recent USCIS policy memoranda related to unlawful presence and benefits adjudication practices that may further increase denial rates and in the event of a denial, require unprecedented enforcement actions against foreign nationals. Though it is not yet clear how the newly issued memos will be implemented in practice, the NFAP report confirms that RFE and denial rates were already on the rise, soon after the Administration’s priorities were announced.

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

Atividades Técnicas sob Status de Visitante | #MobilityMinute

O Diretor Executivo da Fragomen Brasil, Diogo Kloper, destaca uma atualização importante na política migratória brasileira, que muda significativamente o que estrangeiros podem fazer no país sob o status de visitante.

Learn more

Media mentions

Global Mobility Lawyer: Founders Without Frontiers: Navigating Immigration Rules for Start-Ups

Partner Rajiv Naik provides insight on how immigration frameworks across the UK, Europe and EMEA are evolving to support start-ups and entrepreneurial talent.

Learn more

Media mentions

The New York Times: Visiting the European Union? Expect to Give Your Biometric Data.

Partner Jo Antoons discusses the rollout of the EU's new Entry/Exit System.

Learn more

Media mentions

The Times: Bye bye, Dubai: why families are heading for Abu Dhabi

Fragomen is featured in The Times as a key immigration adviser highlighting Abu Dhabi’s rising demand for golden visas, especially among UK nationals seeking long-term, self-sponsored residency.

Learn more

Video

Important Update for Brazil-Bound Visitors | #MobilityMinute

Brazil Managing Partner Diana Quintas highlights Brazil’s visitor visa rules and what travelers should know.

Learn more

Blog post

Changes to Skilled Worker Dependants: How UK Government’s July 2025 Rules Affect Tech Talent

Senior Manager Kinka Tonchev and Paralegal Emily Whalley discuss how upcoming UK visa changes will affect skilled worker dependants and reshape tech sector mobility.

Learn more

Fragomen news

Partner Marius Tollenaere Contributes to Third Edition of Einwanderungsrecht

Partner Marius Tollenaere provides key insights on labour migration, procedures and employer obligations in the latest edition of "Einwanderungsrecht".

Learn more

Blog post

Beyond PERM: Leveraging Schedule A, Group II for Exceptional Ability in the Sciences, Arts and Performing Arts

Associate Matthew Smith discusses how professionals with exceptional ability in the sciences, arts and performing arts can bypass the PERM process by leveraging Schedule A, Group II for a streamlined green card application.

Learn more

Awards

Managing Partner of the United Kingdom Nadine Goldfoot Recognised as Legal 500's "Leading Partners"

Managing Partner of the United Kingdom Nadine Goldfoot is recognised as Legal 500's "Leading Partners."

Learn more

Media mentions

Sports Lawyers Association: Sport Shorts Episode 115 With Partner Dan Schwarz

Partner Dan Schwarz discusses how proactive immigration planning helps athletes, teams and universities navigate complex US policies.

Learn more

Video

Italian Citizenship by Descent: Eligibility, Benefits and Application Process

Learn how to claim Italian citizenship through ancestry. This complete guide covers eligibility requirements, benefits and the step-by-step application process.

Learn more

Video

Bangladesh: Security Clearances and Challenges

Senior Manager Corrine Tan and Assistant Business Immigration Manager Joycelyn Ang discuss Bangladesh’s work permit security clearance process.

Learn more

Video

Atividades Técnicas sob Status de Visitante | #MobilityMinute

O Diretor Executivo da Fragomen Brasil, Diogo Kloper, destaca uma atualização importante na política migratória brasileira, que muda significativamente o que estrangeiros podem fazer no país sob o status de visitante.

Learn more

Media mentions

Global Mobility Lawyer: Founders Without Frontiers: Navigating Immigration Rules for Start-Ups

Partner Rajiv Naik provides insight on how immigration frameworks across the UK, Europe and EMEA are evolving to support start-ups and entrepreneurial talent.

Learn more

Media mentions

The New York Times: Visiting the European Union? Expect to Give Your Biometric Data.

Partner Jo Antoons discusses the rollout of the EU's new Entry/Exit System.

Learn more

Media mentions

The Times: Bye bye, Dubai: why families are heading for Abu Dhabi

Fragomen is featured in The Times as a key immigration adviser highlighting Abu Dhabi’s rising demand for golden visas, especially among UK nationals seeking long-term, self-sponsored residency.

Learn more

Video

Important Update for Brazil-Bound Visitors | #MobilityMinute

Brazil Managing Partner Diana Quintas highlights Brazil’s visitor visa rules and what travelers should know.

Learn more

Blog post

Changes to Skilled Worker Dependants: How UK Government’s July 2025 Rules Affect Tech Talent

Senior Manager Kinka Tonchev and Paralegal Emily Whalley discuss how upcoming UK visa changes will affect skilled worker dependants and reshape tech sector mobility.

Learn more

Fragomen news

Partner Marius Tollenaere Contributes to Third Edition of Einwanderungsrecht

Partner Marius Tollenaere provides key insights on labour migration, procedures and employer obligations in the latest edition of "Einwanderungsrecht".

Learn more

Blog post

Beyond PERM: Leveraging Schedule A, Group II for Exceptional Ability in the Sciences, Arts and Performing Arts

Associate Matthew Smith discusses how professionals with exceptional ability in the sciences, arts and performing arts can bypass the PERM process by leveraging Schedule A, Group II for a streamlined green card application.

Learn more

Awards

Managing Partner of the United Kingdom Nadine Goldfoot Recognised as Legal 500's "Leading Partners"

Managing Partner of the United Kingdom Nadine Goldfoot is recognised as Legal 500's "Leading Partners."

Learn more

Media mentions

Sports Lawyers Association: Sport Shorts Episode 115 With Partner Dan Schwarz

Partner Dan Schwarz discusses how proactive immigration planning helps athletes, teams and universities navigate complex US policies.

Learn more

Video

Italian Citizenship by Descent: Eligibility, Benefits and Application Process

Learn how to claim Italian citizenship through ancestry. This complete guide covers eligibility requirements, benefits and the step-by-step application process.

Learn more

Video

Bangladesh: Security Clearances and Challenges

Senior Manager Corrine Tan and Assistant Business Immigration Manager Joycelyn Ang discuss Bangladesh’s work permit security clearance process.

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.