If your H-1B, L-1, O-1, or E-2 case has received an RFE in 2026, you’re not alone. Employers across the country are seeing a sharp rise in Requests for Evidence—even in cases that would have been routinely approved just a few years ago. This is what Reddy Neumann Brown PC, an Houston based Immigration Law Firm, is saying to the foreign workers.
H-1B and other applicants need to know that a Request for Evidence (RFE) is a notification requesting additional information or documents to support an application or petition and is not a denial, but is used to strengthen the case.
“An RFE itself is not a denial, but it delays processing—sometimes by months—and creates uncertainty for employers and applicants alike. What once was viewed as a hurdle for weaker cases is now common across categories, from H-1B specialty occupation visas to L-1 intracompany transfers and investor or extraordinary ability visas,” says Felipe Jimenez, Associate Attorney at Reddy Neumann Brown PC.
USCIS, under the rules, may send you a request for additional evidence if you did not submit all the required evidence or the evidence you submitted is no longer valid or, the officer needs more information to determine your eligibility.
USCIS has the discretion to issue Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs). USCIS also has the discretion in some instances to issue a denial without first issuing an RFE or a NOID.
In certain instances, the evidence provided in response to an RFE may raise eligibility questions. In such a case, the officer may issue a follow-up RFE or NOID. The maximum response time for an RFE is 12 weeks (84 days). Additional mailing time (14 days) should be given to benefit requestors residing outside the United States or when USCIS mails an RFE from an international USCIS field office.
RFE cases could be increasing in 2026 as the US has begun stringent reviews of visa applications. US authorities are monitoring social media activity to enhance the vetting process.
USCIS is questioning several aspects related to employment verification, including the justification of selected wage levels, the alignment of entry-level wages with role complexity, the specificity of job descriptions, the authenticity of the job as described, the employer’s capacity for long-term support of the role, and the compatibility of the beneficiary’s background with the position.
The USCIS may now be requiring H-1B visa applicants to provide their home addresses and biometric data as part of a new measure. This unprecedented move involves the issuance of Requests for Evidence (RFEs) in H-1B and other employment-based visa cases.
A direct impact of receiving an RFE is an increase in the processing times. “Requests for Evidence (RFEs) can lead to extended processing times, causing uncertainty and operational disruption for employers and employees. If not managed properly, RFEs heighten the risk of denial,” says Jimenez.