H-1B RFE Rates Hit 30% in 2026 — What USCIS Is Targeting

Request for Evidence (RFE) rates for H-1B petitions have climbed to approximately 30% in early FY2026, according to USCIS data obtained through FOIA requests. The vast majority target the "specialty occupation" standard.

What Is a Specialty Occupation RFE?

USCIS issues specialty occupation RFEs when the agency is not satisfied that the proffered position normally requires — at minimum — a bachelor's degree in a specific specialty. Under 8 CFR 214.2(h)(4), the petitioner must establish this requirement by showing:

• A baccalaureate or higher degree in the specific specialty is the normal minimum entry requirement for the position, OR
• The degree requirement is common to the industry in parallel positions among similar organizations, OR
• The employer normally requires a degree or its equivalent for the position, OR
• The duties are so specialized and complex that the knowledge required to perform them is usually associated with attainment of a baccalaureate degree

Fields with Highest RFE Rates

Based on reported data: - Software Quality Assurance / Testing: ~42% RFE rate - Business Analyst / IT Project Manager: ~38% - Marketing / Market Research Analyst: ~35% - Management Consultant: ~32% - Software Engineer / Developer: ~18%

How to Respond

An effective specialty occupation RFE response should include: - Detailed breakdown of actual day-to-day duties with percentage of time estimates - Industry wage surveys (OES, OFLC) showing degree requirements for similar roles - Expert opinion letters from industry professionals - Company organizational charts showing degree requirements for comparable positions - Evidence that the beneficiary's degree directly relates to the job duties

If you received an RFE, the StatusClock RFE Assistant can help you build a response framework quickly. You should also consult an immigration attorney for RFEs on complex cases.