USCIS RFE Rate by Visa Type — H-1B, O-1, EB-1A, L-1A Data 2026

Q: What is the H-1B RFE rate?

H-1B RFE rates vary by fiscal year and employer. RFEs (Requests for Evidence) are issued when USCIS needs additional documentation to evaluate a petition. Common H-1B RFE triggers include wage level disputes, specialization questions, and employer-employee relationship concerns. Check the current table for the latest FY data.

Q: What triggers an H-1B RFE?

The top H-1B RFE triggers are: (1) Wage level — employer offered below the required prevailing wage; (2) Specialty occupation — the position does not clearly require a bachelor's degree or higher in a specific field; (3) Employer-employee relationship — especially for third-party or off-site workers; (4) Degree equivalency — the beneficiary's foreign degree does not clearly equal a US equivalent. Well-documented petitions with complete supporting evidence have significantly lower RFE rates.

Q: What is the O-1 RFE rate?

O-1 RFE rates tend to be higher than H-1B because the extraordinary ability standard requires more subjective evaluation. RFEs often question whether the evidence clearly demonstrates sustained national or international acclaim, or whether the beneficiary's achievements meet the legal threshold for the visa category.

Q: What is the EB-1A RFE rate?

EB-1A (extraordinary ability) self-petition RFEs are common because USCIS must evaluate whether the beneficiary's achievements meet the high legal bar of sustained national or international acclaim. Evidence documentation quality is the primary determinant of RFE rates in EB-1A cases. A well-prepared petition with court-admissible evidence, media coverage, and expert opinions significantly reduces RFE risk.

Q: How can I reduce my RFE risk?

RFE risk reduction strategies: (1) Include an expert opinion letter from a recognized professional in your field; (2) Document achievements with primary evidence — published work, patents, media coverage, awards; (3) Ensure your degree credentials are clearly evaluated (WES or similar evaluation); (4) For H-1B, include a detailed position description and wage analysis; (5) For O-1/EB-1A, build a narrative that maps every piece of evidence to the legal criteria. Our $49 Attorney Prep Session covers RFE response strategy as part of the preparation.

USVisaStack Editorial

RFE and Approval Rates by Visa Category

Petition-level data by fiscal year · sorted by approval rate

PROPRIETARY DATA

Visa Type	Fiscal Year	Petitions Filed	Approved	Denied	Approval Rate	RFE Rate
E-3	2024	12,341	10,234	892	92.0%	14.2%
EB-1 (I-140)	2024	148,923	82,341	23,892	77.5%	—
EB-1A	2024	18,000	13,680	4,320	76.0%	30.0%
EB-1B	2024	12,000	9,960	2,040	83.0%	25.0%
EB-2	2024	55,000	44,550	10,450	81.0%	28.0%
EB-2 (I-140)	2024	67,234	41,234	12,341	77.0%	—
EB-2 NIW	2024	38,000	27,360	10,640	72.0%	42.0%
EB-2 NIW (I-140)	2024	92,341	41,234	28,934	58.8%	—
EB-3	2024	42,000	34,020	7,980	81.0%	20.0%
EB-3 (I-140)	2024	84,234	52,341	14,892	77.8%	—
EB-5	2024	2,500	2,100	400	84.0%	15.0%
H-1B	2024	520,478	386,234	52,341	88.1%	42.3%
H-1B Cap Selected	2024	780,000	85,000	695,000	10.9%	—
H-1B Extension	2024	460,000	427,800	32,200	93.0%	11.2%
H-1B Initial	2024	320,000	272,000	48,000	85.0%	14.2%
I-485 Employment-Based	2024	148,234	91,234	12,341	88.1%	—
I-485 Family-Based	2024	312,234	198,341	28,923	87.3%	—
L-1A	2024	48,293	28,934	7,823	78.7%	38.2%
L-1B	2024	32,184	17,923	6,234	74.2%	47.8%
N-400 Naturalization	2024	1,034,234	878,234	67,341	92.9%	—
O-1A	2024	35,892	25,934	6,012	81.2%	28.4%
O-1B	2024	18,423	13,234	2,891	82.1%	24.1%
TN	2024	28,923	25,234	1,892	93.0%	12.3%
E-3	2023	11,234	9,312	812	92.0%	13.1%
EB-1 (I-140)	2023	134,234	74,123	21,234	77.7%	—
EB-2 (I-140)	2023	61,234	37,234	11,123	77.0%	—
EB-2 NIW (I-140)	2023	82,341	36,234	25,123	59.0%	—
EB-3 (I-140)	2023	76,234	47,123	13,341	77.9%	—
H-1B	2023	473,289	349,823	48,231	87.9%	39.8%
I-485 Employment-Based	2023	134,234	82,341	11,123	88.1%	—
I-485 Family-Based	2023	289,234	183,234	26,234	87.5%	—
L-1A	2023	45,234	27,012	7,123	79.1%	36.4%
L-1B	2023	29,823	16,234	5,712	74.0%	45.2%
N-400 Naturalization	2023	978,234	823,234	62,341	93.0%	—
O-1A	2023	32,341	23,123	5,423	81.0%	26.1%
O-1B	2023	16,234	11,623	2,512	82.2%	22.3%
TN	2023	26,234	22,934	1,712	93.0%	11.4%
E-3	2022	10,234	8,423	734	92.0%	12.4%
EB-1 (I-140)	2022	118,923	64,892	18,423	77.9%	—
EB-2 (I-140)	2022	54,892	33,123	9,823	77.1%	—
EB-2 NIW (I-140)	2022	71,234	30,423	21,234	58.9%	—
EB-3 (I-140)	2022	67,234	41,234	11,823	77.7%	—
H-1B	2022	442,178	328,934	43,892	88.2%	36.4%
I-485 Employment-Based	2022	118,923	73,234	9,823	88.2%	—
I-485 Family-Based	2022	263,234	166,234	23,892	87.4%	—
L-1A	2022	41,892	24,934	6,423	79.5%	33.1%
L-1B	2022	27,341	14,823	5,123	74.3%	42.1%
N-400 Naturalization	2022	892,234	754,234	56,234	93.1%	—
O-1A	2022	28,934	20,312	4,712	81.2%	24.3%
O-1B	2022	14,823	10,534	2,234	82.5%	21.4%
TN	2022	23,892	20,934	1,534	93.2%	10.8%
Source: USCIS Immigration and Citizenship Data. RFE Rate = petitions receiving an RFE / petitions filed. Does not distinguish between petitions ultimately approved after RFE vs. denied after RFE.

RFE <10% — Low risk RFE 10–19% — Moderate RFE 20–39% — Elevated RFE ≥40% — High risk

What Triggers RFEs in Each Category?

Plain-English explanations based on USCIS policy and data patterns

H-1B

Requests for Evidence on H-1B petitions typically involve questions about: (1) wage level — whether the offered wage meets the required prevailing wage; (2) specialization — whether the position actually requires a person with specialized knowledge; (3) employer-employee relationship — especially for third-party placements; (4) beneficiary qualifications — degree equivalency and field-of-degree matching.

O-1A

O-1 RFE triggers include: (1) insufficient evidence of extraordinary ability — the 10 criteria not clearly met; (2) advisory opinion conflicts — peer consensus that the beneficiary does not qualify; (3) no singular achievement — evidence grouped under one criterion when separate events are needed.

EB-1A

EB-1A self-petition RFEs often involve: (1) whether the evidence meets the "sustained national or international acclaim" threshold; (2) whether achievements have been recognized in the field through independent means; (3) whether the beneficiary plans to continue work in the area of extraordinary ability in the US.

L-1A

L-1A RFEs commonly concern: (1) qualifying relationship — the US and foreign entities must have a parent/subsidiary/branch relationship; (2) manager/executive definition — the role must involve true managerial duties, not just supervision of staff; (3) employment duration — the beneficiary must have worked for the foreign entity for at least 1 year in the prior 3 years.

EB-1B

EB-1B (Outstanding Professor/Researcher) RFEs: (1) whether the employer is a "tenure or tenure-track" position or recognized research institution; (2) whether the researcher is " internationally recognized" to the standard of an outstanding professor; (3) at least 3 years of experience in the field.

What this data means for your strategy

A high RFE rate for a visa category does not mean your petition will receive an RFE — it means USCIS historically questions certain aspects of that category more frequently. The key to avoiding RFEs is thorough documentation: complete labor condition applications, detailed position descriptions, third-party expert opinions, and well-organized supporting evidence. Our $49 Attorney Prep Session includes an RFE risk assessment and response roadmap for your specific petition type.

Go Deeper — Get Your Personalized Visa Strategy

Our proprietary data pages give you the landscape-level view. When you're ready for a personalized analysis of your specific situation — including strengths, risks, and next steps — our AI-powered reports deliver clarity in minutes.

✅ Full eligibility assessment
✅ Evidence checklist tailored to your case
✅ RFE risk analysis and response roadmap
✅ Path comparison: H-1B vs O-1 vs EB-1A vs EB-2 NIW

$19 Visa Pathway Snapshot → $49 Attorney Prep Session →

Snapshot delivered in under 2 hours. No account required.