PREMIUM PROCESSING FREQUENTLY LEADS TO NONSENSICAL REQUESTS FOR EVIDENCE (RFES)

Premium Processing frequently leads to nonsensical Requests for Evidence (RFEs)

Recently, USCIS has been arbitrarily applying stringent, non-regulatory criteria when adjudicating Employment-based immigration petitions, leading to a sharp rise in Requests for Evidence (RFEs) and denial rates.  However, federal courts have recently begun to curb this trend of adjudication that exceeds statutory authority, thereby paving the way for future legal challenges.

Overall Adjudication Climate: A Surge in RFEs and Rejection Rates

The most prominent characteristics of current U.S. Citizenship and Immigration Services (USCIS) operations are the "arbitrary raising of standards" and "mass rejections."

By early 2026, Requests for Evidence (RFEs) were being issued for approximately half (50%) of standard processing cases.

The Pitfall of Premium Processing: With Premium Processing which guarantees a decision within 15 to 45 days, there is an increasing tendency for USCIS officers to issue "substandard, boilerplate RFEs" just before the deadline without properly reviewing the documentation, simply to meet the mandated processing timeframe.

 

Practical Tips for Applicants and Employers

While the current landscape for U.S. employment-based immigration is undeniably more challenging than ever, success remains achievable. To navigate the rise in adjudication errors by USCIS, the following strategies are essential when preparing a petition:

Building a "Plenary Record": From the initial filing, you must meticulously align every piece of evidence with the relevant legal requirements to leave no room for USCIS adjudicators to merely skim the file or nitpick.

Anticipating and Countering Arbitrary Requirements: Be aware of "arbitrary conditions" frequently demanded by adjudicators (such as requiring a business plan or insisting that recommendation letters specify exact work dates). It is prudent to preemptively address and refute these demands by citing the legal basis within the petition letter itself.

 

*** Kennedy Access Group is not an attorney licensed to practice law and may not give legal advice or accept fees for legal advice.***

*** Disclaimer: The information provided on this blog is for general informational and educational purposes only. It is not intended to constitute legal advice and should not be relied upon as such. Reading this post does not create an attorney-client relationship. If you need legal advice, please consult a licensed attorney in your jurisdiction."***