Important Updates
Important Updates
August 28, 2025 | AlgeriaAlgeria: Accession to Hague Convention
August 29, 2025 | EcuadorEcuador: Delays in Identity Card Appointments and Processing Times
August 29, 2025 | IndonesiaIndonesia: Single Digital Arrival Platform Introduced  
August 29, 2025 | Republic of the PhilippinesPhilippines: New Guidelines Ease and Clarify Work Permit Issuance Provisions
August 29, 2025 | United StatesUnited States: Ninth Circuit Affirms District Court Order in Favor of 2023 Venezuela TPS Beneficiaries, But Designation Remains Expired For Now
August 28, 2025 | AlgeriaAlgeria: Accession to Hague Convention
August 29, 2025 | EcuadorEcuador: Delays in Identity Card Appointments and Processing Times
August 29, 2025 | IndonesiaIndonesia: Single Digital Arrival Platform Introduced  
August 29, 2025 | Republic of the PhilippinesPhilippines: New Guidelines Ease and Clarify Work Permit Issuance Provisions
August 29, 2025 | United StatesUnited States: Ninth Circuit Affirms District Court Order in Favor of 2023 Venezuela TPS Beneficiaries, But Designation Remains Expired For Now
August 28, 2025 | AlgeriaAlgeria: Accession to Hague Convention
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 RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese 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
  • Humanitarian and Evolving Legal Pathways (HELP)
  • 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

Blog post

Exploring Self-Sponsored Visa Pathways in the UAE

Manager Olga Astapova outlines options for individuals to obtain residency without employer sponsorship, highlighting legal routes and strategic considerations.

Learn more

Video

Ireland 2025 Submission Period Opens for Consultation on Occupation Lists | #MobilityMinute

Senior Manager Fatima Aydin discusses Ireland's 2025 public consultation on the occupations lists, and how stakeholders such as employers can provide input.

Learn more

Blog post

Swiss Immigration Quotas 2025: Mid-Year Update

Manager Mihaela Dumitru outlines Switzerland's evolving immigration policies and quota adjustments for 2025.

Learn more

Video

German Citizenship by Descent Explained

Learn how to apply for German citizenship by descent. Discover eligibility under Article 116 and Section 15, benefits of EU citizenship and the step-by-step application process.

Learn more

Media mentions

Personnel Today: Immigration: Huge Fall in Health and Care Worker Visas

Partner Siobhan Owers discussed how visa reforms are reducing available international staff and creating workforce challenges in the UK care sector.

Learn more

Video

Dubai Introduces a ‘One Free Zone Passport’ – What It Is & How It’s Used | #MobilityMinute

Senior Corporate Services Manager Zak Hynes explores Dubai’s launch of the “One Freezone Passport."

Learn more

Video

Navigating Business Travel in Germany: Essential Insights | #MobilityMinute

Senior Associate Isabel Schnitzler discusses how to navigate business travel in Germany.

Learn more

Awards

Partners Molly Carey and Catherine Macris Named 2025 New England Legal Awards Finalists

Partners Molly Carey and Catherine Macris are finalists for the 2025 New England Legal Awards in the Partner of the Year and Regional Managing Partner of the Year categories.

Learn more

Media mentions

The Advocate: Navigating the Complexities of Business Immigration Law

Matawan Managing Partner Rahul Shah reflects on his path in immigration law and shares his perspective on global mobility.

Learn more

Awards

Fragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in America™

The 2026 edition of The Best Lawyers in America™ honors numerous Fragomen attorneys for excellence in immigration law, including Partner Sarah K. Peterson, who received the distinguished “Lawyer of the Year” award.

Learn more

Video

Greek Citizenship by Descent: Are You Eligible?

In this video, Senior Manager Ben Morgan offers a comprehensive overview of Greek citizenship by descent—a key pathway for individuals with Greek ancestry to obtain citizenship.

Learn more

Blog post

Start Smart: Visa Pathways for Educational Opportunities in Thailand

Partner Aim-on Larpisal and Senior Knowledge Management Specialist outline key visa options available to international students seeking to study in Thailand, emphasizing strategic planning for a smooth application process.

Learn more

Blog post

Exploring Self-Sponsored Visa Pathways in the UAE

Manager Olga Astapova outlines options for individuals to obtain residency without employer sponsorship, highlighting legal routes and strategic considerations.

Learn more

Video

Ireland 2025 Submission Period Opens for Consultation on Occupation Lists | #MobilityMinute

Senior Manager Fatima Aydin discusses Ireland's 2025 public consultation on the occupations lists, and how stakeholders such as employers can provide input.

Learn more

Blog post

Swiss Immigration Quotas 2025: Mid-Year Update

Manager Mihaela Dumitru outlines Switzerland's evolving immigration policies and quota adjustments for 2025.

Learn more

Video

German Citizenship by Descent Explained

Learn how to apply for German citizenship by descent. Discover eligibility under Article 116 and Section 15, benefits of EU citizenship and the step-by-step application process.

Learn more

Media mentions

Personnel Today: Immigration: Huge Fall in Health and Care Worker Visas

Partner Siobhan Owers discussed how visa reforms are reducing available international staff and creating workforce challenges in the UK care sector.

Learn more

Video

Dubai Introduces a ‘One Free Zone Passport’ – What It Is & How It’s Used | #MobilityMinute

Senior Corporate Services Manager Zak Hynes explores Dubai’s launch of the “One Freezone Passport."

Learn more

Video

Navigating Business Travel in Germany: Essential Insights | #MobilityMinute

Senior Associate Isabel Schnitzler discusses how to navigate business travel in Germany.

Learn more

Awards

Partners Molly Carey and Catherine Macris Named 2025 New England Legal Awards Finalists

Partners Molly Carey and Catherine Macris are finalists for the 2025 New England Legal Awards in the Partner of the Year and Regional Managing Partner of the Year categories.

Learn more

Media mentions

The Advocate: Navigating the Complexities of Business Immigration Law

Matawan Managing Partner Rahul Shah reflects on his path in immigration law and shares his perspective on global mobility.

Learn more

Awards

Fragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in America™

The 2026 edition of The Best Lawyers in America™ honors numerous Fragomen attorneys for excellence in immigration law, including Partner Sarah K. Peterson, who received the distinguished “Lawyer of the Year” award.

Learn more

Video

Greek Citizenship by Descent: Are You Eligible?

In this video, Senior Manager Ben Morgan offers a comprehensive overview of Greek citizenship by descent—a key pathway for individuals with Greek ancestry to obtain citizenship.

Learn more

Blog post

Start Smart: Visa Pathways for Educational Opportunities in Thailand

Partner Aim-on Larpisal and Senior Knowledge Management Specialist outline key visa options available to international students seeking to study in Thailand, emphasizing strategic planning for a smooth application 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.