Rise of RFEs in 2026: USCIS Increases Scrutiny on Business Immigration

In 2026, USCIS has significantly increased its issuance of Requests for Evidence (RFEs) across business immigration categories, signaling a shift toward more rigorous adjudication standards for employment-based petitions. The trend affects a broad range of visa categories, including EB-3 petitions for skilled workers, professionals, and unskilled workers. Petitioners and their employers should expect more detailed documentation requirements and longer processing timelines as officers scrutinize job descriptions, employer qualifications, and beneficiary credentials more closely. Immigration practitioners note that RFEs are increasingly targeting the specificity of job duties, the employer's ability to pay the offered wage, and the legitimacy of the employer-employee relationship. For EB-3 cases in particular, labor certification (PERM) compliance and consistency between the PERM application and the I-140 petition are under heightened review. Applicants and sponsoring employers are advised to work closely with experienced immigration counsel to prepare thorough initial filings that proactively address potential evidentiary gaps. Robust documentation packages can reduce the likelihood of receiving an RFE and help avoid delays. This increased scrutiny reflects broader policy priorities at USCIS under the current administration, emphasizing program integrity across all employment-based immigration pathways.