FY2026 First-Quarter I-129 Data Highlights Shifting Scrutiny Across Key Work Visa Categories
U.S. Citizenship and Immigration Services (USCIS) has released its FY2026 first-quarter data on petitions filed using Form I-129. The data provides an early snapshot of adjudication trends for major employment-based nonimmigrant visa classifications. Specifically, the report covers the first quarter of the fiscal year through December. It details Request for Evidence (RFE) rates, approval and denial outcomes, and pending case volumes for categories including H-1B, L-1, O-1, and H-2A.
The numbers point to continued high adjudication volume in the H-1B program. In contrast, there is comparatively elevated scrutiny in certain categories, particularly L-1B specialized knowledge and O-1 extraordinary ability petitions.
H-1B Petitions Remain High Volume with Moderate RFE and Low Denial Rates
In the first quarter of FY2026, USCIS issued RFEs in 9 percent of completed H-1B cases. Of the 7,531 H-1B cases that received an RFE, 84 percent were ultimately approved. The overall denial rate for H-1B petitions during the same period was 3 percent.
These figures indicate that while RFEs remain a routine feature of H-1B adjudications, most petitioners who respond successfully continue to secure approval. At the same time, the volume of pending cases underscores the operational scale of the program. As of the end of December, 98,033 H-1B petitions remained pending with USCIS.
For employers and foreign nationals, the data reflects the continuing intensity of the H-1B process. Although an RFE does not preclude approval, it introduces additional documentation requirements, timing considerations, and potential business disruption. The relatively low denial rate suggests that adjudications remain approval-oriented where statutory and regulatory criteria are clearly met.
L-1B Specialized Knowledge Petitions Face Elevated RFE Rates
Among the major nonimmigrant worker classifications, L-1B petitions recorded the highest RFE rate in FY2026 Q1. Nearly 29.3 percent of completed L-1B cases triggered an RFE. In fact, almost one in three petitions faced additional evidentiary review.
The denial rate for L-1B petitions stood at 8.5 percent, closely aligned with the 8.4 percent denial rate reported for L-1A executive and manager petitions. However, the significantly higher RFE rate for L-1B filings distinguishes this subcategory from others in the L classification.
The L-1B classification is reserved for intracompany transferees who possess specialized knowledge of a company’s products, services, processes, or procedures. As reflected in the data, USCIS continues to apply detailed scrutiny to claims of specialized knowledge. Particularly, detailed scrutiny occurs where petitioners must demonstrate how the employee’s knowledge is distinct, advanced, or not commonly held within the organization or industry.
Companies that rely on global mobility programs and intracompany transfers may experience longer adjudication timelines and more intensive documentation requirements for L-1B roles compared to L-1A executive or managerial positions.
O-1 Extraordinary Ability Petitions Show Combined High RFE and Denial Rates
O-1 petitions for individuals of extraordinary ability also experienced heightened review during the first quarter. USCIS issued RFEs in 26 percent of completed O-1 cases, and 9 percent of O-1 petitions were denied outright.
When considered together, the RFE and denial rates indicate that O-1 petitions faced the steepest combined level of scrutiny among the major employment-based nonimmigrant categories reported. The O-1 category requires petitioners to demonstrate sustained national or international acclaim. Furthermore, petitioners must meet specific evidentiary criteria defined by regulation.
By comparison, H-1B petitions recorded a 3 percent denial rate and H-2A agricultural worker petitions had a 2.6 percent denial rate during the same period. The disparity suggests that classifications grounded in more subjective eligibility standards, such as extraordinary ability, continue to receive close evidentiary review.
For artists, researchers, athletes, entrepreneurs, and other high-performing professionals seeking O-1 classification, the data underscores the importance of comprehensive documentary support. This support must demonstrate eligibility under the applicable regulatory criteria.
Operational and Compliance Implications for Employers and Practitioners
The FY2026 Q1 data provides an early-year benchmark for stakeholders assessing adjudication patterns. High pending volumes in the H-1B category point to sustained demand and continued workload pressures. Meanwhile, elevated RFE rates in L-1B and O-1 cases may influence internal planning, documentation strategies, and processing timelines.
For human resources professionals and in-house immigration teams, the trends reinforce the need for detailed role descriptions, clear organizational documentation, and evidence aligned closely with statutory definitions and regulatory standards. For foreign nationals, the data illustrates the variable levels of review applied across classifications. Moreover, there is potential for additional evidentiary steps even where approval rates remain strong.
USCIS is expected to continue releasing quarterly data throughout FY2026, enabling further analysis of whether these first-quarter trends represent temporary fluctuations or longer-term adjudication patterns. Immigration Professional Association will continue monitoring operational developments and reporting on shifts that may affect employers and nonimmigrant workers.
