Top Reasons USCIS Issued RFEs for H-1B Petitions in FY 2018

As of July 21, 2025, U.S. Citizenship and Immigration Services (USCIS) continues to issue Requests for Evidence (RFEs) for H-1B petitions, shaping the experience of employers and skilled workers seeking to work in the United States 🇺🇸. Recent updates, ongoing trends, and policy clarifications have made it even more important for petitioners to understand why RFEs are issued, who is affected, and what steps must be taken to respond effectively. This update provides a clear summary of what has changed, who is impacted, effective dates, required actions, and the broader implications for pending and future H-1B applications.

Summary of What Changed

USCIS has maintained a strong focus on compliance and documentation for H-1B petitions, especially regarding specialty occupation requirements, employer-employee relationships, and the accuracy of supporting documents. While the overall rate of RFEs has stabilized compared to the peak years, the agency has released updated guidance on the type and quality of evidence needed for approval. Petitioners are now expected to provide even more detailed information up front, especially for cases involving off-site work, consulting arrangements, or multiple work locations.

Who Is Affected

• Employers filing H-1B petitions, especially those in IT consulting, staffing, or with off-site work arrangements
• Foreign workers (beneficiaries) seeking H-1B status or extensions
• Immigration attorneys and HR professionals managing employment-based visa programs
• Applicants with pending H-1B petitions who may receive or have received an RFE

Effective Dates

• The most recent USCIS guidance and policy updates on RFEs and H-1B documentation requirements are effective immediately as of early 2025.
• These changes apply to all new and pending H-1B petitions, including those filed in the FY 2025 cap season and ongoing extension or amendment requests.

Required Actions for Petitioners and Beneficiaries

To avoid delays or denials, petitioners must take the following steps:

• Review and update all supporting documents before filing, ensuring they meet the latest USCIS standards.
• Respond promptly and thoroughly to any RFE received, providing all requested evidence within the deadline (not to exceed 12 weeks).
• Monitor USCIS announcements for any further changes to H-1B requirements or RFE procedures.

Implications for Pending Applications

• Petitions already filed but not yet decided may receive an RFE if USCIS finds missing, unclear, or inconsistent information.
• Failure to respond to an RFE on time or with sufficient evidence will likely result in denial.
• Applicants and employers should prepare for possible delays in processing, especially for complex cases or those involving third-party worksites.

Understanding Requests for Evidence (RFEs) in H-1B Petitions

What Is an RFE?

A Request for Evidence (RFE) is a formal notice from USCIS asking for more information or documents to decide if an H-1B petition meets all legal requirements. Under federal rules (8 CFR 103.2), if the initial evidence is missing or does not prove eligibility, USCIS can either deny the petition or issue an RFE. The RFE will:

• List the specific evidence needed
• Explain why the evidence is required
• Give a deadline for response (up to 12 weeks)
• State the consequences of not responding

Why Are RFEs Issued for H-1B Petitions?

According to analysis from VisaVerge.com, RFEs are most often issued for the following reasons, based on data from fiscal year 2018 and ongoing trends:

1. Specialty Occupation: The most common reason. USCIS needs proof that the job requires a bachelor’s degree or higher in a specific field, as defined by law. If the job duties or requirements are too general, or if the degree needed is not clear, an RFE is likely.

2. Employer-Employee Relationship: Petitioners must show they have the right to control the worker’s job, including hiring, firing, and supervision, for the entire period requested. This is especially important for consulting firms or jobs at client sites.

3. Availability of Work (Off-site): If the worker will be placed at a client site or off-site location, the employer must show there is a real, ongoing job for the entire requested period. Vague or speculative assignments often trigger RFEs.

4. Beneficiary Qualifications: The worker must have the right degree, training, or experience for the job. Missing or unclear proof of qualifications leads to RFEs.

5. Maintenance of Status: For workers already in the United States 🇺🇸, proof is needed that they have maintained legal status up to the time of filing. Gaps or problems in status history can cause issues.

6. Availability of Work (In-house): Even for jobs at the employer’s own office, USCIS may ask for proof that there is a real, ongoing job in a specialty occupation.

7. LCA Corresponds to Petition: The Labor Condition Application (LCA) must match the job title, duties, wage, and location listed in the H-1B petition. Any mismatch can result in an RFE.

8. AC21 and Six-Year Limit: H-1B status is usually limited to six years. Extensions beyond this require proof of eligibility under special rules (AC21). Lack of clear proof leads to RFEs.

9. Itinerary: If the worker will be at more than one location, a detailed itinerary with dates and addresses is required.

10. Fees: All required H-1B filing fees must be paid. Missing or incorrect fees will trigger an RFE.

Recent Trends in RFE Issuance (2023-2025)

• The RFE rate for H-1B petitions reached a high of about 40.2% in 2019, then dropped to 28.8% in 2020 and 16.2% in 2021. While full data for 2024-2025 is not yet published, experts say the rate has stabilized but remains a concern for many employers.
• USCIS is using the VIBE system more often to check employer information. Any mismatch in company name, address, or tax ID can lead to an RFE.
• Cases involving consulting firms, off-site work, or unclear job duties are more likely to get RFEs.

Recent USCIS Policy Updates (2024-2025)

• Employer-Employee Relationship: USCIS now asks for more detailed contracts, supervision plans, and proof of control, especially for third-party placements.
• LCA Requirements: The LCA must exactly match the job’s duties, wage, and location. Wage level assignments are checked closely to prevent underpayment.
• Evidence Upfront: USCIS urges petitioners to submit all possible evidence with the initial petition to avoid delays.
• Job Descriptions: Detailed job descriptions linking duties to the required degree are now more important than ever.

How to Respond to an RFE

If you receive an RFE, here’s what to do:

1. Read the RFE carefully: Understand exactly what USCIS is asking for.
2. Gather all requested evidence: This may include:
   • Detailed job descriptions
   • Copies of degrees, transcripts, and evaluations
   • Proof of work assignments (contracts, letters from clients)
   • Evidence of employer-employee relationship (org charts, supervision plans)
   • Updated LCAs and itineraries
   • Proof of status maintenance (I-94 records, pay stubs)
3. Organize your response: Clearly label each piece of evidence and explain how it addresses the RFE.
4. Submit before the deadline: Late responses are not accepted.
5. Consider legal help: An experienced immigration attorney can help prepare a strong response, especially for complex cases.

Tips to Avoid RFEs in Future H-1B Petitions

• Be thorough and accurate: Double-check all forms and documents before filing.
• Match the LCA to the petition: Make sure job title, duties, wage, and location are the same on both.
• Provide detailed job descriptions: Explain how the job requires a specific degree and specialized knowledge.
• Document the employer-employee relationship: Include contracts, supervision plans, and evidence of control.
• Address VIBE issues: Make sure your company’s information is up to date in government records.
• Prepare for off-site work: Include contracts, letters from clients, and detailed itineraries if the worker will be at a client site.
• Keep status records: For workers already in the United States 🇺🇸, keep copies of all I-94s, visas, and pay stubs.

Implications for Different Groups

• Employers: Must invest more time and resources in preparing petitions. Consulting and staffing firms face higher scrutiny.
• Workers: May face delays and uncertainty, especially if their status is expiring soon.
• Attorneys and HR: Need to stay updated on changing USCIS policies and help clients avoid common mistakes.

Historical Context

The rise in RFEs began during President Trump’s administration, which pushed for stricter rules on specialty occupations and employer-employee relationships. While President Biden’s administration has eased some policies, the basic standards remain strict. The FY 2018 data is still used as a reference for common RFE reasons.

Future Outlook

• USCIS is expected to keep refining its process, possibly reducing RFEs by encouraging better evidence up front.
• Congress is considering changes to the H-1B program, but no major reforms have passed as of mid-2025.
• Petitioners should keep checking the official USCIS H-1B page for updates.

Official Resources and Forms

• For the latest H-1B information and forms, visit the USCIS H-1B Specialty Occupations page.
• To respond to an RFE, use the instructions provided in your notice and refer to the USCIS Policy Manual.
• For questions about your case, call the USCIS Contact Center at 1-800-375-5283.

Key Takeaways and Next Steps

• Stay informed: USCIS policies and RFE trends can change quickly. Regularly check official sources.
• Be proactive: Prepare strong, detailed petitions with all required evidence to reduce the chance of an RFE.
• Respond quickly: If you get an RFE, act fast and provide everything requested.
• Seek help if needed: Complex cases may require legal advice.

By following these steps and understanding the reasons behind RFEs, employers and workers can improve their chances of H-1B approval and avoid unnecessary delays. The H-1B process remains challenging, but careful preparation and attention to detail can make a big difference in the outcome.

Learn Today

Request for Evidence (RFE) → USCIS notice requesting additional documents to verify eligibility of an H-1B petition before approval.
Specialty Occupation → A job requiring at least a bachelor’s degree in a specific field, as defined by immigration laws.
Labor Condition Application (LCA) → Certified form confirming job location, wage, and conditions comply with legal standards for H-1B positions.
Employer-Employee Relationship → Proof that the petitioner controls hiring, firing, and supervision of the H-1B worker throughout employment.
AC21 → American Competitiveness in the Twenty-First Century Act allowing certain H-1B extensions beyond the six-year limit.

This Article in a Nutshell

USCIS continues issuing Requests for Evidence (RFEs) on H-1B petitions, emphasizing detailed proofs of specialty occupation and employer control. Petitioners must ensure precise documentation and timely responses to prevent denials. Staying updated on evolving policies is vital for employers and workers navigating the complex H-1B visa process in 2025.
— By VisaVerge.com