Important Updates
Important Updates
August 20, 2025 | ThailandThailand: New Rules Forthcoming for Board of Investment-Promoted Companies
August 21, 2025 | United StatesFragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in America™
August 21, 2025 | 🌐United States: Appeals Court Stays Postponement of TPS Terminations for Honduras, Nepal, and Nicaragua
August 20, 2025 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
August 20, 2025 | SingaporeSingapore: New Salary Benchmarking Table by Sector Now Available
August 20, 2025 | ThailandThailand: New Rules Forthcoming for Board of Investment-Promoted Companies
August 21, 2025 | United StatesFragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in America™
August 21, 2025 | 🌐United States: Appeals Court Stays Postponement of TPS Terminations for Honduras, Nepal, and Nicaragua
August 20, 2025 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
August 20, 2025 | SingaporeSingapore: New Salary Benchmarking Table by Sector Now Available
August 20, 2025 | ThailandThailand: New Rules Forthcoming for Board of Investment-Promoted Companies
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

USCIS Ombudsman Report Highlights Continued Challenges Facing Employment-Based Petitioners

July 21, 2015

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

United States

The USCIS Ombudsman’s 2015 Report to Congress confirms that employers face continued high rates of requests for evidence (RFEs) and denials of high-skilled immigration petitions and a very low likelihood of success in administrative appeals.  

The Ombudsman’s independent review of USCIS adjudication procedures charges that the RFE process is often “redundant,” “unnecessary,” and “unduly burdensome” to employers. It calls on USCIS to improve training for adjudicators, issue clearer guidance on adjudication standards and institute supervisor review for evidence requests.

Continued High RFE Rates for H-1B and L-1 Petitions

The Ombudsman’s analysis of adjudications at USCIS’s California and Vermont Service Centers shows RFE rates for H-1B and L-1 petitions remain at “near historic” highs that are disproportionate to the rate of petition denials. 

According to the report, nearly 25 percent of H-1B petitions receive RFEs. The California Service Center (CSC) issued H-1B RFEs at a higher rate than the Vermont Service Center (VSC), but both saw an increase in RFEs in the period studied.  RFEs questioning whether H-1B positions were in specialty occupations were characterized as unduly restrictive and often inconsistent with the federal government’s occupational data.

RFE rates for L-1 intracompany transferees also remain close to record levels, particularly for extensions of L-1B petitions  -- a trend the Ombudsman found troubling.  More than 40 percent of all petitions for L-1A executives and managers are RFE’d, though CSC’s rate of RFE issuance dropped slightly over the period under review.  Nearly 50 percent of all petitions for L-1B specialized knowledge personnel receive RFEs.  The VSC’s L-1B RFE rate surpassed that of the CSC, which had historically taken the most restrictive positions in specialized knowledge adjudications of the two Service Centers.  

The report does not offer denial statistics supporting its conclusion that RFE rates are disproportionate to denial rates, though it does provide relevant information from FY 2014, during which USCIS also issued high levels of RFEs, and yet denied less than 4 percent of H-1B petitions, and approximately 19 percent of L-1A petitions and 29 percent of L-1B petitions.

Low Likelihood of Success on Appeal

Echoing its 2014 report, the Ombudsman shed further light on the low likelihood of success on appeal faced by employers.  Fewer than 10 percent of employment-based petition denials appealed to the Administrative Appeals Office are successful, a statistic the Ombudman suggested causes employers to either question the utility of investing significant legal and filing fees in the appeals process or doubt that they will receive meaningful review of agency decisions.  This is despite the high cost of filing an administrative appeal.

Delays in Employment Authorization Processing

A new area of concern for the Ombudsman is the lengthy delays faced by foreign nationals seeking new or renewed employment authorization documents (EADs), particularly during the summer months. Though USCIS is required by regulation to adjudicate EAD applications in 90 days or less – though limited exceptions exist, most notably for H-4 applicants seeking employment authorization. In spite of this regulatory requirement, however, processing times often far exceed this timeframe.  Lapsing EADs lead to business interruption for U.S. employers and financial hardship to foreign nationals.

What This Means for Employers

The 2015 Ombudsman’s report sheds important light on the experiences of employment-based petitioners and highlights inefficiencies that negatively affect U.S. businesses and foreign workers.

This alert is for informational purposes only. If you have any questions, please do not hesitate to contact the immigration professional with whom you work at Fragomen.

© 2015 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

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

Fragomen news

Partner Charles Johanes contributes to Global Mobility Lawyer’s Guide to Global Immigration

Partner Charles Johanes contributed insights to the Australia section of a global immigration and mobility guide.

Learn more

Media mentions

Pittsburgh Business Times: Viewpoint: Immigration Compliance: A Strategic Imperative for Today’s Employers

Pittsburgh Managing Partner Alex Castrodale and Associate Adam Teets highlight the need for US employers to prepare for unannounced immigration compliance checks.

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

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

Fragomen news

Partner Charles Johanes contributes to Global Mobility Lawyer’s Guide to Global Immigration

Partner Charles Johanes contributed insights to the Australia section of a global immigration and mobility guide.

Learn more

Media mentions

Pittsburgh Business Times: Viewpoint: Immigration Compliance: A Strategic Imperative for Today’s Employers

Pittsburgh Managing Partner Alex Castrodale and Associate Adam Teets highlight the need for US employers to prepare for unannounced immigration compliance checks.

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

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.