Most immigrants research a company's H1B approval rate before accepting an offer. Almost nobody checks the RFE rate. That is a mistake.
A Request for Evidence (RFE) is USCIS telling your employer: "We have questions about this petition. Send more documentation or we may deny it." RFEs add 2-4 months to your processing timeline, cost $2,000-5,000+ in additional attorney fees, and signal that USCIS found something problematic in your case. Even when RFEs ultimately result in approval, the stress, delay, and cost are real.
RFE rates vary dramatically by employer. A software engineer at Google has roughly a 2-3% chance of receiving an RFE. The same engineer at a mid-size staffing firm might face a 20-30% RFE rate. That gap has nothing to do with you. It reflects how USCIS views the employer's petition patterns. Check any employer's RFE history on our company search tool.
What Triggers an RFE
1. Specialty Occupation Concerns
The most common RFE category. USCIS questions whether the role genuinely requires a specific bachelor's degree. This happens when the job title is broad ("IT Consultant," "Business Analyst"), the job description does not clearly connect specific duties to a specific degree field, or O*NET data suggests the occupation does not always require a bachelor's.
2. Wage Level Mismatch
Filing at Level I prevailing wage while claiming the role requires specialized expertise creates a contradiction USCIS notices. Level I filings trigger RFEs at roughly 3-4x the rate of Level III-IV filings.
3. Third-Party Placement
When the H1B worker performs duties at a client site rather than the sponsoring employer's location, USCIS routinely requests client contracts or statements of work, end-client letters, and detailed itineraries of work locations. Missing or insufficient documentation on any of these triggers an RFE.
4. Degree-Job Mismatch
If the beneficiary's degree field does not clearly align with the job duties, USCIS issues an RFE requesting an expert opinion letter or credential evaluation. A mechanical engineering degree for a software engineering role frequently triggers this.
RFE Rates by Company Type
| Company Type | RFE Rate (FY2024-2025) | Denial After RFE | Primary Triggers |
|---|---|---|---|
| Big Tech (Google, Microsoft, Meta, Apple, NVIDIA) | 2-5% | ~10-15% | Rare; usually degree evaluation |
| Mid-size tech (Salesforce, Adobe, Uber, LinkedIn) | 4-8% | ~15-20% | Occasional specialty occupation |
| Large consulting (Deloitte, EY, Accenture) | 12-18% | ~25-30% | Third-party placement, wage levels |
| IT services (Cognizant, Infosys, TCS, Wipro) | 20-30% | ~30-40% | Specialty occupation, employer-employee |
| Small staffing firms (<500 employees) | 25-40% | ~35-50% | All triggers; FDNS site visits |
| Universities / nonprofits (cap-exempt) | 3-6% | ~10-15% | Degree relevance, occasional wage concerns |
Key insight: At Big Tech companies, if you receive an RFE, there is roughly an 85-90% chance it still gets approved. At a small staffing firm, an RFE leads to approval only 50-65% of the time.
RFE Rates Are Climbing Under Trump 2.0
Under the Biden administration (FY2022-2023), overall RFE rates dropped to approximately 15-20% of cap-subject petitions. Early USCIS data from FY2025 suggests rates are climbing back toward 25-30%. For consulting and staffing firms specifically, some immigration attorneys report RFE rates above 40%, approaching FY2018 levels.
Approval Odds After RFE
- Overall: Approximately 50-60% of RFE responses result in approval
- Big Tech employers: 85-90% approval after RFE
- Consulting/staffing firms: 50-65% approval after RFE
- Specialty occupation RFEs: ~45-55% approval rate
- Third-party placement RFEs: ~40-55% approval rate
How to Pick Companies With Low RFE Risk
1. Check the employer type
Direct employers (you work at their offices, on their projects) have structurally lower RFE rates than staffing or consulting firms. This is the single biggest predictor.
2. Confirm the wage level
Ask your recruiter: "What wage level will my H1B be filed at?" Level III or IV is ideal. Level I is a red flag, especially under current policy.
3. Verify the job title specificity
"Software Engineer" or "Data Scientist" is much safer than "IT Consultant" or "Technology Analyst." If the company wants to file you under a vague title, ask if a more specific one is possible.
4. Research their immigration law firm
Attorney quality is the most underrated variable in RFE prevention. A strong immigration attorney writes petitions that anticipate and preempt USCIS objections.
Frequently Asked Questions
What percentage of H1B petitions get an RFE?
In FY2024-2025, approximately 20-25% of all cap-subject H1B petitions received an RFE. This varies dramatically by employer: under 5% at Big Tech companies, 20-40% at staffing and consulting firms.
Can I avoid an RFE by using premium processing?
Premium processing does not prevent RFEs. It only guarantees that USCIS will take initial action within 15 business days. That action can be an approval, a denial, or an RFE. After an RFE response is submitted under premium processing, the 15-day clock restarts.
Are RFEs more common for H1B extensions than initial filings?
Under current policy, H1B extension RFE rates are comparable to initial filing rates. Do not assume an extension will be smooth just because the initial filing was approved.
Data sources: USCIS H1B petition data; DOL LCA disclosure data. Look up RFE rates for a specific employer on our company search tool, or read more in our H1B research library.