Important Updates
Important Updates
March 11, 2026 | SingaporeSingapore: New ONE Pass (AI and Tech Track) to be Available in January 2027
March 12, 2026 | AustraliaAustralia: Stricter Application Requirements Introduced for Training Visa
March 12, 2026 | CanadaCanada: Immigration Publishes First-Ever AI Strategy for Immigration Processing
March 12, 2026 | United KingdomConstruction Management: What Tougher English Rules Mean for Construction Employers
March 12, 2026 | Costa RicaCosta Rica: Immigration Filing Options Expanded Through Postal Service Pilot Program
March 11, 2026 | SingaporeSingapore: New ONE Pass (AI and Tech Track) to be Available in January 2027
March 12, 2026 | AustraliaAustralia: Stricter Application Requirements Introduced for Training Visa
March 12, 2026 | CanadaCanada: Immigration Publishes First-Ever AI Strategy for Immigration Processing
March 12, 2026 | United KingdomConstruction Management: What Tougher English Rules Mean for Construction Employers
March 12, 2026 | Costa RicaCosta Rica: Immigration Filing Options Expanded Through Postal Service Pilot Program
March 11, 2026 | SingaporeSingapore: New ONE Pass (AI and Tech Track) to be Available in January 2027
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
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration 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

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • 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

Media mentions

Construction Management: What Tougher English Rules Mean for Construction Employers

Associate Ilaria Iovieno and Immigration Consultant Sean Pearce explain how the UK’s higher English language requirement for work visas affects construction employers.

Learn more

Visas

FIFA Mexico 2026 World Cup Entry Requirements: Visa and Immigration Guide

Senior Business Immigration Manager Vicente Duque outlines key immigration considerations for international visitors traveling to Mexico for the 2026 FIFA World Cup, including visa eligibility, entry documentation and travel between host countries.

Learn more

Video

A Guide to EU Visa Categories for Non-EU Nationals

Explore EU visa options for non-EU nationals, including Schengen, long-stay and work visas like the EU Blue Card. Find the right visa for your needs.

Learn more

Blog post

Artificial Wage Inflation in Business Immigration: Policy Misalignment and Employer Impact

Counsel Susan Steger examines how wage-driven selection mechanisms in programs such as the H-1B lottery and PERM can create incentives for artificial wage inflation and introduce new compliance and workforce planning challenges for employers.

Learn more

Media mentions

Global Mobility Lawyer: Give to Gain: Strengthening Safety and Legal Pathways for Migrant Women Experiencing Abuse

Director Gemma Hyslop examines how collaboration across the global mobility sector can help strengthen legal pathways and support for migrant women experiencing abuse.

Learn more

Media mentions

Global Mobility Lawyer: Middle East Conflict Puts Multinationals’ Crisis Plans Under the Microscope

Partner Abeer Al Husseini discussed immigration and duty-of-care challenges for employers amid Middle East travel disruptions.

Learn more

Awards

Partner Sarah K. Peterson Recognized as a 2026 Women in Business Honoree by the Minneapolis/St. Paul Business Journal

Partner Sarah K. Peterson is recognized by the Minneapolis/St. Paul Business Journal as a 2026 Women in Business honoree for her professional achievements and contributions to the Twin Cities business community.

Learn more

Media mentions

The HR Room Podcast: How to Navigate Irish Immigration Law

Immigration Manager Alice Heron explains how HR teams can navigate Irish immigration law and manage international talent effectively.

Learn more

Media mentions

Housing Today: Right to Work Scheme Expansion: What Housebuilders Need to Know

Associate Ilaria Iovieno and Immigration Consultant Devina Sanghera outline what the proposed expansion of the UK Right to Work Scheme means for housebuilders.

Learn more

Awards

Partner Cynthia Shearn Recognized in Crain’s 2026 Notable Women in Law List

Partner Cynthia Shearn is recognized by Crain’s Chicago Business in its 2026 Notable Women in Law list, honoring her leadership in immigration and global mobility and her impact within the legal community.

Learn more

Media mentions

Bloomberg Law: Businesses Prep H-1B Backups as Revamped Visa Lottery Opens

Partner Emily Allen says the new H-1B lottery is driving earlier planning and more detailed preparation.

Learn more

Blog post

Bringing the Indonesian Diaspora Home: Insights on the New Global Citizenship Program

Senior Business Immigration Consultant Ryaihanny Sahrom and Business Immigration Consultant II Fahimah Muhammad examine Indonesia’s newly launched Global Citizenship of Indonesia (GCI) program and its introduction of long-term and indefinite permanent residence pathways for members of the Indonesian diaspora.

Learn more

Media mentions

Construction Management: What Tougher English Rules Mean for Construction Employers

Associate Ilaria Iovieno and Immigration Consultant Sean Pearce explain how the UK’s higher English language requirement for work visas affects construction employers.

Learn more

Visas

FIFA Mexico 2026 World Cup Entry Requirements: Visa and Immigration Guide

Senior Business Immigration Manager Vicente Duque outlines key immigration considerations for international visitors traveling to Mexico for the 2026 FIFA World Cup, including visa eligibility, entry documentation and travel between host countries.

Learn more

Video

A Guide to EU Visa Categories for Non-EU Nationals

Explore EU visa options for non-EU nationals, including Schengen, long-stay and work visas like the EU Blue Card. Find the right visa for your needs.

Learn more

Blog post

Artificial Wage Inflation in Business Immigration: Policy Misalignment and Employer Impact

Counsel Susan Steger examines how wage-driven selection mechanisms in programs such as the H-1B lottery and PERM can create incentives for artificial wage inflation and introduce new compliance and workforce planning challenges for employers.

Learn more

Media mentions

Global Mobility Lawyer: Give to Gain: Strengthening Safety and Legal Pathways for Migrant Women Experiencing Abuse

Director Gemma Hyslop examines how collaboration across the global mobility sector can help strengthen legal pathways and support for migrant women experiencing abuse.

Learn more

Media mentions

Global Mobility Lawyer: Middle East Conflict Puts Multinationals’ Crisis Plans Under the Microscope

Partner Abeer Al Husseini discussed immigration and duty-of-care challenges for employers amid Middle East travel disruptions.

Learn more

Awards

Partner Sarah K. Peterson Recognized as a 2026 Women in Business Honoree by the Minneapolis/St. Paul Business Journal

Partner Sarah K. Peterson is recognized by the Minneapolis/St. Paul Business Journal as a 2026 Women in Business honoree for her professional achievements and contributions to the Twin Cities business community.

Learn more

Media mentions

The HR Room Podcast: How to Navigate Irish Immigration Law

Immigration Manager Alice Heron explains how HR teams can navigate Irish immigration law and manage international talent effectively.

Learn more

Media mentions

Housing Today: Right to Work Scheme Expansion: What Housebuilders Need to Know

Associate Ilaria Iovieno and Immigration Consultant Devina Sanghera outline what the proposed expansion of the UK Right to Work Scheme means for housebuilders.

Learn more

Awards

Partner Cynthia Shearn Recognized in Crain’s 2026 Notable Women in Law List

Partner Cynthia Shearn is recognized by Crain’s Chicago Business in its 2026 Notable Women in Law list, honoring her leadership in immigration and global mobility and her impact within the legal community.

Learn more

Media mentions

Bloomberg Law: Businesses Prep H-1B Backups as Revamped Visa Lottery Opens

Partner Emily Allen says the new H-1B lottery is driving earlier planning and more detailed preparation.

Learn more

Blog post

Bringing the Indonesian Diaspora Home: Insights on the New Global Citizenship Program

Senior Business Immigration Consultant Ryaihanny Sahrom and Business Immigration Consultant II Fahimah Muhammad examine Indonesia’s newly launched Global Citizenship of Indonesia (GCI) program and its introduction of long-term and indefinite permanent residence pathways for members of the Indonesian diaspora.

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.