USCIS 2026 RFE Alert: I-140 and I-485 Request for Evidence Trends This Fall

Requests for Evidence (RFEs) for I-140 immigrant petitions and I-485 adjustment of status applications have followed identifiable patterns in August and September 2026, according to analysis by immigration law firm Reddy Neumann Brown. Understanding these trends is critical for EB-3 applicants and their employers as they prepare petition packages. For I-140 petitions, RFEs have commonly targeted job duty descriptions, prevailing wage documentation, and the employer's ability to pay the offered wage. USCIS officers have been scrutinizing whether the proffered position genuinely qualifies under the EB-3 skilled worker or professional category, requiring detailed evidence of minimum educational and experience requirements. On the I-485 adjustment of status side, RFE trends have centered on medical examination updates, civil document requirements, and public charge-related financial documentation. Applicants with older priority dates should be particularly attentive to updated evidentiary standards, as USCIS has tightened requirements in several areas. Practitioners advise that proactively addressing potential RFE issues at the time of initial filing remains the most effective strategy. Submitting thorough documentation packages that anticipate officer concerns can significantly reduce the likelihood of receiving an RFE and help avoid processing delays. EB-3 applicants and sponsoring employers are encouraged to review their pending petitions with qualified immigration counsel in light of these documented trends, particularly if priority dates are approaching current in the Visa Bulletin.