Important Updates
Important Updates
August 13, 2025 | VietnamVietnam: Eased Labor Market Testing Requirements, Consolidated Work Permit Steps, Among Changes in New Decree
August 14, 2025 | AustraliaAustralia: English Language Test Requirement Updated
August 14, 2025 | United Arab EmiratesUnited Arab Emirates: Dubai Introduces ‘One Free Zone Passport’ Across Free Zones
August 13, 2025 | Malaysia Malaysia: Visa-Free Stay for Libyan Nationals Extended
August 13, 2025 | KazakhstanKazakhstan: Investor Visa Introduced
August 13, 2025 | VietnamVietnam: Eased Labor Market Testing Requirements, Consolidated Work Permit Steps, Among Changes in New Decree
August 14, 2025 | AustraliaAustralia: English Language Test Requirement Updated
August 14, 2025 | United Arab EmiratesUnited Arab Emirates: Dubai Introduces ‘One Free Zone Passport’ Across Free Zones
August 13, 2025 | Malaysia Malaysia: Visa-Free Stay for Libyan Nationals Extended
August 13, 2025 | KazakhstanKazakhstan: Investor Visa Introduced
August 13, 2025 | VietnamVietnam: Eased Labor Market Testing Requirements, Consolidated Work Permit Steps, Among Changes in New Decree
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
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 ImmigrationAustralian Immigration: New Skills in Demand Visa
  • 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
  • Australian Immigration: New Skills in Demand Visa

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
ContactCareersMedia
  • 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

From Ground Staff to Game Day: UK Skilled Worker Visa Changes in 2025 and the Impact on the Hidden Workforce in Sports Sector

Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.

Learn more

Blog post

Talent & Policy: Navigating Career Beginnings and Hiring Challenges in Singapore

Assistant Business Immigration Managers Jeszel Panistante-Cabral, Elsie Lim and Nellanie Quimson explore the complexities young professionals face entering the workforce and the evolving hiring landscape in Singapore.

Learn more

Blog post

Global Mobility Support and Visa Services: Fragomen’s Outbound Solutions from Germany

Director David Iannella discusses Fragomen Germany’s approach to outbound immigration solutions and how the office supports global mobility through visa services and compliance expertise.

Learn more

Blog post

Lifting the Curtain: Saudi Arabia Demands Full Disclosure of Real Company Owners

Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung discuss Saudi Arabia’s push for corporate transparency through new ownership disclosure rules.

Learn more

Video

Fragomen's Posted Worker Compliance Solutions

In this video, we share an overview of Fragomen's posted worker compliance solutions.

Learn more

Blog post

From Facilitation to Surveillance: How Digitalization Will Impact Your European Compliance Program

Partner Jo Antoons and Managers Sara Fekete and Andreia Florina Ghimis explore how digitalization is reshaping European compliance programs and share how organizations can prepare with Fragomen’s support.

Learn more

Media mentions

People Management: What the UK’s Industrial Strategy and Immigration Reforms Mean for Employers

Partner Rajiv Naik examines how the UK’s industrial strategy and immigration reforms will reshape talent access and create new opportunities for HR and mobility teams.

Learn more

Media mentions

NBC Bay Area: H-1B Visa Holders Will Be Required to Renew in Person Starting in September

Partner Audrea Golding discusses recent changes requiring most H-1B visa holders and certain dependents to complete in-person interviews abroad for visa renewals.

Learn more

Podcast

New Roots: Pathways to Canada - Economic Mobility in Action - Canada's EMPP Unpacked

Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi are joined by Lara Dyer, Chief Program Officer (Americas) at Talent Beyond Boundaries, to explore Canada’s EMPP.

Learn more

Blog post

Restored Citizenship: What Former South Africans Need to Know

Director Johannes Kgotso Tiba explains the legal process and key considerations for individuals seeking to regain South African citizenship after renunciation or loss.

Learn more

Blog post

From Advocacy to Action: Vietnam’s New Work Permit Decree Takes Shape

Partner Kenneth Lau discusses the development and implications of Vietnam's updated work permit regulations.

Learn more

Blog post

Coming in Fast: An On-the-Ground Perspective of Vietnam’s Dynamic Immigration Landscape

This blog explores Vietnam’s evolving work permit regulations amid growing foreign investment.

Learn more

Blog post

From Ground Staff to Game Day: UK Skilled Worker Visa Changes in 2025 and the Impact on the Hidden Workforce in Sports Sector

Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.

Learn more

Blog post

Talent & Policy: Navigating Career Beginnings and Hiring Challenges in Singapore

Assistant Business Immigration Managers Jeszel Panistante-Cabral, Elsie Lim and Nellanie Quimson explore the complexities young professionals face entering the workforce and the evolving hiring landscape in Singapore.

Learn more

Blog post

Global Mobility Support and Visa Services: Fragomen’s Outbound Solutions from Germany

Director David Iannella discusses Fragomen Germany’s approach to outbound immigration solutions and how the office supports global mobility through visa services and compliance expertise.

Learn more

Blog post

Lifting the Curtain: Saudi Arabia Demands Full Disclosure of Real Company Owners

Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung discuss Saudi Arabia’s push for corporate transparency through new ownership disclosure rules.

Learn more

Video

Fragomen's Posted Worker Compliance Solutions

In this video, we share an overview of Fragomen's posted worker compliance solutions.

Learn more

Blog post

From Facilitation to Surveillance: How Digitalization Will Impact Your European Compliance Program

Partner Jo Antoons and Managers Sara Fekete and Andreia Florina Ghimis explore how digitalization is reshaping European compliance programs and share how organizations can prepare with Fragomen’s support.

Learn more

Media mentions

People Management: What the UK’s Industrial Strategy and Immigration Reforms Mean for Employers

Partner Rajiv Naik examines how the UK’s industrial strategy and immigration reforms will reshape talent access and create new opportunities for HR and mobility teams.

Learn more

Media mentions

NBC Bay Area: H-1B Visa Holders Will Be Required to Renew in Person Starting in September

Partner Audrea Golding discusses recent changes requiring most H-1B visa holders and certain dependents to complete in-person interviews abroad for visa renewals.

Learn more

Podcast

New Roots: Pathways to Canada - Economic Mobility in Action - Canada's EMPP Unpacked

Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi are joined by Lara Dyer, Chief Program Officer (Americas) at Talent Beyond Boundaries, to explore Canada’s EMPP.

Learn more

Blog post

Restored Citizenship: What Former South Africans Need to Know

Director Johannes Kgotso Tiba explains the legal process and key considerations for individuals seeking to regain South African citizenship after renunciation or loss.

Learn more

Blog post

From Advocacy to Action: Vietnam’s New Work Permit Decree Takes Shape

Partner Kenneth Lau discusses the development and implications of Vietnam's updated work permit regulations.

Learn more

Blog post

Coming in Fast: An On-the-Ground Perspective of Vietnam’s Dynamic Immigration Landscape

This blog explores Vietnam’s evolving work permit regulations amid growing foreign investment.

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.