In 2026, employers and foreign professionals are noticing a clear and unsettling trend: Requests for Evidence (RFEs) are on the rise across nearly all business-immigration categories. Cases that would have been approved a few years ago, sometimes without question, are now facing extensive follow-up requests, delays, and heightened scrutiny.

This increase in RFEs is not random. It reflects a broader shift in how U.S. Citizenship and Immigration Services is adjudicating employment-based petitions. Understanding why this is happening, what USCIS is focusing on, and how employers can prepare is critical in today’s immigration environment.

What Is an RFE and Why It Matters

A Request for Evidence is a formal notice issued by USCIS when an officer determines that the initial filing does not sufficiently establish eligibility. While an RFE is not a denial, it has real consequences:

• Processing times are extended, sometimes by months
• Employers and employees face uncertainty and operational disruption
• Poorly handled RFEs significantly increase the risk of denial

In 2026, RFEs are no longer limited to “weak” cases. Strong, well-documented petitions are being challenged, often on issues that were previously taken for granted.

Why RFEs Are Increasing in 2026

Several systemic and policy-driven factors are contributing to the rise in RFEs.

1. Heightened Enforcement and Compliance Focus

USCIS has made clear, through adjudication patterns rather than formal announcements, that employment-based visas are under closer review. Officers are increasingly looking beyond eligibility on paper and focusing on:

• Whether the job truly exists as described
• Whether the employer can support the role long-term
• Whether the beneficiary’s background aligns with the position

This reflects a shift from procedural review to substantive compliance analysis.

2. Wage Level and Job Duty Scrutiny

One of the most common RFE triggers in 2026 is wage level alignment, particularly for H-1B petitions.

USCIS is questioning:

• Whether the job duties justify the selected wage level
• Whether entry-level wages match the complexity of the role
• Whether job descriptions are overly generic or inflated

Even cases approved in prior years are being re-examined during extensions and amendments. Past approval is no longer a shield.

3. Specialty Occupation Challenges

RFEs increasingly question whether a position qualifies as a specialty occupation at all.

Common RFE themes include:

• Claims that the role does not require a specific degree
• Requests for industry-wide hiring data
• Comparisons to lower-level or nonprofessional roles

This trend disproportionately affects IT, consulting, analyst, and hybrid business-technical roles.

4. Employer-Employee Relationship and Third-Party Placement

For employers that place workers at client sites or allow remote work, RFEs are becoming more detailed and demanding.

USCIS often requests:

• End-client letters with specific language
• Detailed project descriptions and timelines
• Proof of supervision and control
• Contracts and statements of work

In some cases, USCIS is effectively re-adjudicating the entire business model.

5. Increased Scrutiny of Amendments and Changes

Job changes that once seemed routine now carry more risk.

RFEs frequently arise from:

• Worksite changes (including remote arrangements)
• Promotions or changes in job duties
• Salary adjustments
• Corporate restructuring or mergers

USCIS is closely comparing current filings against prior submissions, looking for inconsistencies — even minor ones.

RFEs Are Not Limited to H-1B Cases

While H-1B petitions account for a significant share of RFEs, other business visas are also affected.

L-1 Visas

• Questioning of managerial authority (L-1A)
• Challenges to “specialized knowledge” claims (L-1B)
• Requests for organizational charts and business operations evidence

E-2 Visas

• Marginality concerns
• Revenue and staffing scrutiny
• Whether the investor is truly directing the enterprise

O-1 and Other Categories

• Requests for more detailed evidence
• Narrow interpretations of eligibility criteria

Across categories, the theme is the same: USCIS wants more proof, more detail, and more consistency.

The Real Risk: Treating RFEs as Routine

One of the biggest mistakes employers make is assuming that RFEs are procedural hurdles rather than legal challenges.

In reality:

• RFEs often signal skepticism by the adjudicating officer
• Boilerplate responses can worsen the situation
• Inconsistent explanations raise credibility concerns

An RFE response is not just about providing documents, it is about re-framing the case and addressing USCIS’s underlying concerns.

How Employers Can Reduce RFE Risk in 2026

While RFEs cannot always be avoided, proactive preparation significantly lowers the risk.

Key strategies include:

• Drafting precise, role-specific job descriptions
• Aligning job duties carefully with wage levels
• Ensuring internal consistency across all filings
• Maintaining strong Public Access Files and compliance records
• Anticipating scrutiny rather than reacting to it

In 2026, the strongest cases are those that are built with RFE-level scrutiny from the start.

What This Trend Signals Going Forward

The rise in RFEs reflects a long-term shift, not a temporary spike. Employers should expect:

• More detailed adjudications
• Longer processing timelines
• Greater importance placed on documentation quality

Business immigration is increasingly treated as a compliance-driven system, not a form-driven one.

Final Thoughts

RFEs in 2026 are not necessarily a sign that a case is weak, but they are a sign that USCIS is asking harder questions. Employers and professionals who understand this shift, prepare strategically, and take RFEs seriously are far better positioned for success.

In today’s environment, immigration strategy is not just about eligibility. It is about credibility, consistency, and preparation.

By: Felipe Jimenez

Felipe Jimenez is an Associate Attorney at Reddy Neumann Brown PC. He works in the Non-Immigrant Visa (NIV) Department where he assists clients through all phases of the non-immigrant visa process.

Reddy Neumann Brown PC has been serving the business community for over 20 years and is Houston’s largest immigration law firm focused solely on US. Employment-based immigration. We work with both employers and their employees, helping them navigate the immigration process quickly and cost-effectively.