H-1B RFE Rate Hits 38% — Specialty Occupation & Third-Party Placement Under the Microscope

H-1B RFEs: What the Data Shows

A Request for Evidence (RFE) is a formal notice from USCIS asking for additional documentation before a decision can be made. An RFE is not a denial but extends the timeline significantly.

⚠️ Educational notice: This content is for informational purposes only and does not constitute legal advice. Consult a licensed immigration attorney for guidance specific to your situation.

RFE Rates by Quarter (2024–2025)

Top RFE Triggers

1. Specialty Occupation

USCIS requires that a position "normally requires" at least a bachelor's degree in a specific field related to the role. Generic IT or consulting job titles without a clear degree requirement in the specific discipline are frequently challenged.

2. Third-Party Worksite (Staffing & Consulting)

If the H-1B worker will be placed at a client site, USCIS requires evidence that the employer controls the work, that there is an actual job offer, and that the client has ongoing needs for the specialty role.

3. Itinerary of Services

For consulting or project-based roles, USCIS may ask for a detailed itinerary covering the full three-year petition period — a difficult requirement for project-based work.

Which Industries Are Most Affected?

• IT consulting and staffing — highest RFE rate (~52%)
• Business consulting — elevated (~44%)
• Finance / fintech — moderate (~28%)
• Healthcare — lower (~19%)
• Research & academia — lowest (<10%, often cap-exempt)

How to Reduce RFE Risk

• Use specific, degree-tied job descriptions that link the role to a particular academic discipline
• Collect client letters confirming control of work conditions and ongoing need
• Provide internal org charts, sample work products, and project scope documents
• Consider O-1A for workers with extraordinary ability in fields like AI, biotech, or engineering

Sources & Further Reading

• USCIS H-1B Employer Data Hub
• USCIS Policy Manual — H-1B Specialty Occupation