Important Updates
Important Updates
November 17, 2025 | South AfricaSouth Africa: Screen Talent and Global Entertainment Scheme Expression of Interest Period Now Open
November 17, 2025 | United StatesFragomen Named Among Top Firms on Law360 Pulse's 2025 Social Impact Leaders List
November 17, 2025 | MaltaMalta: Stricter Labor Market Testing Rules, New Grace Period for Stays, and Other Reforms in Effect
November 17, 2025 | 🌐Minimum Salary Changes Announced
November 17, 2025 | United StatesPartner F. Joseph Paldino Honored with the 2025 Utah State Bar Paul Moxley Outstanding Mentor Award
November 17, 2025 | South AfricaSouth Africa: Screen Talent and Global Entertainment Scheme Expression of Interest Period Now Open
November 17, 2025 | United StatesFragomen Named Among Top Firms on Law360 Pulse's 2025 Social Impact Leaders List
November 17, 2025 | MaltaMalta: Stricter Labor Market Testing Rules, New Grace Period for Stays, and Other Reforms in Effect
November 17, 2025 | 🌐Minimum Salary Changes Announced
November 17, 2025 | United StatesPartner F. Joseph Paldino Honored with the 2025 Utah State Bar Paul Moxley Outstanding Mentor Award
November 17, 2025 | South AfricaSouth Africa: Screen Talent and Global Entertainment Scheme Expression of Interest Period Now Open
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 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

Foreign Birth Registration: How to Claim Irish Citizenship Through Ancestry in 2025

Senior Immigration Consultant Patricia Rezmives explains the 2025 process for claiming Irish citizenship through ancestry and key considerations for foreign birth registration.

Learn more

Fragomen news

Fragomen Named Among Top Firms on Law360 Pulse's 2025 Social Impact Leaders List

Fragomen is recognized on Law360 Pulse's 2025 Social Impact Leaders list.

Learn more

Awards

Partner F. Joseph Paldino Honored with the 2025 Utah State Bar Paul Moxley Outstanding Mentor Award

Partner F. Joseph Paldino is recognized with the Utah State Bar’s Paul Moxley Outstanding Mentor Award for his dedication to mentorship in immigration law and fostering professional growth in the legal community.

Learn more

Blog post

The Compliance Paradox: Why Immigration Compliance Must Become Strategic Governance

In this blog, Partner K. Edward Raleigh explains how modern immigration compliance must evolve from paperwork and formality into a strategic governance discipline that aligns outdated laws with today’s business realities and measures true compliance through systems, behavior and integrity.

Learn more

Blog post

UK Immigration Reforms: A Moment to Shape the System

UK Government Affairs Strategy Director Shuyeb Muquit examines the UK’s evolving immigration framework, outlining recent reforms, upcoming consultations and the key areas where business can help shape the system’s future direction.

Learn more

Video

Irish Citizenship by Descent: Are You Eligible?

Senior Manager Fatima Aydin breaks down Irish citizenship by descent, a popular pathway for individuals of Irish ancestry to secure Irish citizenship and passport. 

Learn more

Awards

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

Eight Fragomen professionals in Mexico City recognized in The Best Lawyers in Mexico™ 2026 edition for excellence in Immigration Law.

Learn more

Fragomen news

Global Mobility Lawyer: DHS proposes sweeping expansion of biometric data collection

Partner Blake Chisam discusses DHS’s proposed rule expanding biometric data collection and continuous vetting, outlining key privacy and compliance implications for employers.

Learn more

Fragomen news

Global Mobility Lawyer: GCC to launch unified multi-entry visa for regional travel

Partner Abeer Al Husseini discusses the Gulf Cooperation Council’s new unified multi-entry visa and its implications for business travel and compliance across the region.

Learn more

Awards

Fragomen Ranked in 2026 Edition of "Best Law Firms in the United States" by The Best Lawyers

Fragomen is recognized at the National Tier 1 level for Immigration Law in the 2026 edition of The Best Law Firms – United States, with 15 offices across the country also recognized for their excellence in immigration law.

Learn more

Awards

Fragomen Wins Altair Global’s 2025 Super Star Award for Humanitarian Commitment

Fragomen receives Altair Global’s 2025 Super Star Award for Humanitarian Commitment, honoring the firm’s leadership in advancing humanitarian mobility initiatives.

Learn more

Media mentions

The Toronto Star: Canada will reduce international student permits by more than half, budget reveals

Partner Rick Lamanna discusses Canada’s 2025 federal budget and its significant shift in immigration policy including new limits on international student permits and temporary residents.

Learn more

Blog post

Foreign Birth Registration: How to Claim Irish Citizenship Through Ancestry in 2025

Senior Immigration Consultant Patricia Rezmives explains the 2025 process for claiming Irish citizenship through ancestry and key considerations for foreign birth registration.

Learn more

Fragomen news

Fragomen Named Among Top Firms on Law360 Pulse's 2025 Social Impact Leaders List

Fragomen is recognized on Law360 Pulse's 2025 Social Impact Leaders list.

Learn more

Awards

Partner F. Joseph Paldino Honored with the 2025 Utah State Bar Paul Moxley Outstanding Mentor Award

Partner F. Joseph Paldino is recognized with the Utah State Bar’s Paul Moxley Outstanding Mentor Award for his dedication to mentorship in immigration law and fostering professional growth in the legal community.

Learn more

Blog post

The Compliance Paradox: Why Immigration Compliance Must Become Strategic Governance

In this blog, Partner K. Edward Raleigh explains how modern immigration compliance must evolve from paperwork and formality into a strategic governance discipline that aligns outdated laws with today’s business realities and measures true compliance through systems, behavior and integrity.

Learn more

Blog post

UK Immigration Reforms: A Moment to Shape the System

UK Government Affairs Strategy Director Shuyeb Muquit examines the UK’s evolving immigration framework, outlining recent reforms, upcoming consultations and the key areas where business can help shape the system’s future direction.

Learn more

Video

Irish Citizenship by Descent: Are You Eligible?

Senior Manager Fatima Aydin breaks down Irish citizenship by descent, a popular pathway for individuals of Irish ancestry to secure Irish citizenship and passport. 

Learn more

Awards

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

Eight Fragomen professionals in Mexico City recognized in The Best Lawyers in Mexico™ 2026 edition for excellence in Immigration Law.

Learn more

Fragomen news

Global Mobility Lawyer: DHS proposes sweeping expansion of biometric data collection

Partner Blake Chisam discusses DHS’s proposed rule expanding biometric data collection and continuous vetting, outlining key privacy and compliance implications for employers.

Learn more

Fragomen news

Global Mobility Lawyer: GCC to launch unified multi-entry visa for regional travel

Partner Abeer Al Husseini discusses the Gulf Cooperation Council’s new unified multi-entry visa and its implications for business travel and compliance across the region.

Learn more

Awards

Fragomen Ranked in 2026 Edition of "Best Law Firms in the United States" by The Best Lawyers

Fragomen is recognized at the National Tier 1 level for Immigration Law in the 2026 edition of The Best Law Firms – United States, with 15 offices across the country also recognized for their excellence in immigration law.

Learn more

Awards

Fragomen Wins Altair Global’s 2025 Super Star Award for Humanitarian Commitment

Fragomen receives Altair Global’s 2025 Super Star Award for Humanitarian Commitment, honoring the firm’s leadership in advancing humanitarian mobility initiatives.

Learn more

Media mentions

The Toronto Star: Canada will reduce international student permits by more than half, budget reveals

Partner Rick Lamanna discusses Canada’s 2025 federal budget and its significant shift in immigration policy including new limits on international student permits and temporary residents.

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.