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  • Jonathan Durket

While H-1B CAP Season Brought Big Changes, RFE Rates Likely to Remain High.

Updated: Jun 23

With H-1B CAP season well underway, many employers and individuals are likely to experience the inevitable surge of Requests for Evidence (RFE). 2020 brought changes to the H-1B CAP season, including electronic registration processes. Under the new system, USCIS began accepting H-1B CAP petitions on April 1, with the filing period ending no earlier than 90 days thereafter. Based on USCIS data, it is likely that employers and individuals will continue to see a high rate of RFEs, and perhaps denials.

While the H-1B RFE rate dipped in the first quarter of FY 2020 to 47%, RFE rates remain almost double what they were in FY 2015. Similarly, the chances of approval after the issuance of an RFE – 67% - remains well below the same rate from FY 2015 – 83%. Source: USCIS Quarterly Reports.

While many immigration firms and their clients focus on filing timely H-1B CAP petitions, USCIS data also shows that L-1 approval rates for cases filed at USCIS Service Centers dipped slightly from the same period last year to 73%. Notably, the RFE rate for these cases jumped to 57%, which is a more than 20% increase from FY 2015. Source: USCIS Quarterly Reports.

In the increasingly likely event you receive an RFE, don’t panic, we can help! Contact us today to discuss your case and learn how we can help you.

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