
Fiscal Year (FY) 2014 saw another increase in the rate of USCIS requests for evidence (RFEs) and denials in L-1B specialized knowledge filings, according to a new report from the National Foundation for American Policy (NFAP). Some 45 percent of all L-1B petitions received an RFE and 35 percent were denied in the last fiscal year.
Denials and RFEs rose even as the number of L-1B petition filings dropped. In FY 2012, some 18,735 L-1B petitions were filed at USCIS Service Centers. In FY 2014, that number fell to 14,515.
Denial Rates Climb, Especially for Extensions
The rise in denials has been steep over the last several years, increasing nearly sixfold since FY 2006, when just six percent of L-1B petitions were denied. In FY 2014, extensions had a higher rate of denial than initial petitions, 41 percent versus 32 percent for initial filings.
The report also shows great disparity in rates of denial across beneficiary nationalities. Petitions filed on behalf of beneficiaries from India saw denial rates of 56 percent, while those filed on behalf of beneficiaries from China were denied at a rate of 22 percent. The average rate of denial for beneficiaries from all other countries was roughly 13 percent.
RFE Rates Fall from All-Time Record But Remain High
For the last three fiscal years, RFE rates for L-1B petitions have hovered around 45 percent on average, after a high of 63 percent in FY 2011. In FY 2014, the RFE rate was 49 percent for initial L-1 petitions and 40 percent for extensions. Filings on behalf of Indian beneficiaries were RFE’d at a rate of 65 percent and those filed on behalf of Chinese beneficiaries had a 44 percent RFE rate between FY 2012 and FY 2014.
What This Means for Employers
The NFAP report reflects the challenges employers have long faced when petitioning for L-1B specialized knowledge employment with USCIS. Though the report does not analyze blanket L adjudications at U.S. consulates, employers face hurdles with that program as well.
The report comes as USCIS finalizes a long-awaited guidance memorandum on the specialized knowledge standard for L-1B employees. Though the contents of the guidance will not be disclosed until the memo is published, there are indications that it provides agency adjudicators with modernized interpretations of the legal standard.
Explore more at Fragomen
Media mentions
Partner Bo Cooper explains the impact of wage‑weighted selection on H‑1B registration and compliance.
Media mentions
Partner K. Edward Raleigh highlights how recent H-1B changes are shaping employer compliance strategies.
Media mentions
Practice Leader Colm Collins explains that processing delays, shifting demand in information and communication technology (ICT) and renewal cycles contributed to last year’s drop in work permit approvals.
Media mentions
Partner Rick Lamanna examines current pressures on Canada’s immigration system, including processing delays, reduced admissions and policy uncertainty and the implications for applicants and employers.
Blog post
Manager Mihaela Dumitru outlines how Swiss authorities assess Employer of Record and body-leasing models, highlighting key compliance risks, licensing requirements and a regulatory update affecting EU and EFTA nationals effective 1 January 2026.

Media mentions
Partner Karolina Schiffter discusses how courts in Poland are reinforcing timely processing and constitutional protections for foreigners.
Blog post
Immigration Manager Alice Heron examines Ireland’s updated employment permit salary thresholds taking effect in March 2026, including the reintroduction of graduate-specific Minimum Annual Remuneration bands and what these changes mean for employers planning graduate recruitment in 2026 and 2027.
Media mentions
Partner Jill Bloom explains how the new wage-based H-1B selection rule may influence hiring decisions and prompt employers to reassess workforce planning and explore alternative visa options.
Media mentions
Partner K. Edward Raleigh discusses how companies are rethinking their H-1B strategies amid evolving policies.
Media mentions
Partner Bo Cooper explains the impact of wage‑weighted selection on H‑1B registration and compliance.
Media mentions
Partner K. Edward Raleigh highlights how recent H-1B changes are shaping employer compliance strategies.
Media mentions
Practice Leader Colm Collins explains that processing delays, shifting demand in information and communication technology (ICT) and renewal cycles contributed to last year’s drop in work permit approvals.
Media mentions
Partner Rick Lamanna examines current pressures on Canada’s immigration system, including processing delays, reduced admissions and policy uncertainty and the implications for applicants and employers.
Blog post
Manager Mihaela Dumitru outlines how Swiss authorities assess Employer of Record and body-leasing models, highlighting key compliance risks, licensing requirements and a regulatory update affecting EU and EFTA nationals effective 1 January 2026.

Media mentions
Partner Karolina Schiffter discusses how courts in Poland are reinforcing timely processing and constitutional protections for foreigners.
Blog post
Immigration Manager Alice Heron examines Ireland’s updated employment permit salary thresholds taking effect in March 2026, including the reintroduction of graduate-specific Minimum Annual Remuneration bands and what these changes mean for employers planning graduate recruitment in 2026 and 2027.
Media mentions
Partner Jill Bloom explains how the new wage-based H-1B selection rule may influence hiring decisions and prompt employers to reassess workforce planning and explore alternative visa options.
Media mentions
Partner K. Edward Raleigh discusses how companies are rethinking their H-1B strategies amid evolving policies.



