The headline number looks reassuring and the operating number doesn't. Both are true, and the gap between them is where the work is.

The two numbers
Denial rate, FY2025 2.15% — lowest in over a decade
Petitions receiving an RFE, 2025–26 24%
Specialty occupation share of RFEs 42%

Roughly one in four petitions is challenged before approval. That the eventual denial rate is low tells you most challenges are survivable — not that most petitions go through untouched.

Planning around the 2.15% is the mistake. Plan around the 24%.

Specialty occupation is the fight

Nearly half of all RFEs question whether the role is a specialty occupation — whether a bachelor's degree in a specific discipline is genuinely the normal minimum requirement for that job.

USCIS guidance is explicit that a job title alone establishes nothing. Officers are directed to examine the actual duties and assess whether a degree in a specific field is normally required to perform them.

Two patterns draw the challenge:

Vague job descriptions. Duties written in generic corporate language — "analyse business requirements", "support stakeholders", "drive outcomes" — describe work that could be done without any particular degree. That reads as a non-specialty role even when it isn't one.

Roles that look entry-level. If the description could plausibly be a graduate trainee position, the specialty argument weakens regardless of the actual seniority.

A degree that doesn't obviously match. A mechanical engineering degree supporting a software role needs the connection spelled out, not assumed.

The fix is written before filing, not after: specific, technical duty descriptions that make the degree requirement self-evident, and an explicit link between the field of study and the work.

How you answer the RFE decides it

This is the most actionable figure in the whole area, and it is stark:

RFE response Outcome
Attorney-led, filed within 30 days 68% approved
Self-filed 70%+ denied

That is close to a reversal of fortunes based on how the response is prepared.

An RFE is a narrow, technical request with a hard deadline. The response has to answer the specific question asked, with the specific evidence that satisfies it — usually expert opinion letters, detailed duty breakdowns, organisational context, and industry evidence about degree requirements for that role.

If your employer's response to an RFE is to have HR fill it in, the numbers say that is the wrong call. This is the single point in the process where professional help most clearly pays for itself.

The $100,000 fee

A $100,000 fee for new H-1B petitions has been introduced. It is a material change to the economics of sponsorship, particularly for smaller employers and startups, and it is likely to reduce the number of employers willing to sponsor at all.

Implementation details and exactly which petitions it applies to have been moving. Confirm the current position with USCIS or an immigration attorney before making decisions based on it — this is not a settled area, and secondary sources are contradicting each other.

Where H-1B sits in the chain

Refusal rates across the F-1 to H-1B chain Four stages. F-1 visa refusal for Indian applicants is roughly 61 per cent, assessed on the applicant's own profile. STEM OPT is denied 8.7 per cent of the time, mostly on employer compliance. H-1B is denied only 2.15 per cent of the time but 24 per cent of petitions receive a Request for Evidence. Risk shifts from the applicant to the employer along the chain. ~61% refused F-1 visa Your profile — low OPT Timing 8.7% denied STEM OPT Employer's compliance 2.15% denied H-1B Employer's paperwork RISK YOU CONTROL RISK YOUR EMPLOYER CONTROLS H-1B denial is only 2.15% — but 24% of petitions draw an RFE
The refusal rate collapses along the chain, but the risk does not disappear — it moves from your own profile to your employer's paperwork. By H-1B, almost everything that goes wrong is a document someone else controls.

Refusals cluster at the transitions: F-1 → OPT → STEM OPT → H-1B. Each handover is a separate filing with its own failure modes.

  • F-1 refusals — the entry point, and by far the highest refusal rate
  • STEM OPT rejections — 8.7% denied, mostly on employer compliance
  • H-1B — 2.15% denied, but 24% challenged

The pattern is worth noting: the further along the chain, the lower the outright refusal rate, and the more the risk shifts from your profile to your employer's paperwork. By H-1B, almost everything that goes wrong is a documentation problem someone else controls.

What applicants told us

[Contributed accounts — a redacted specialty-occupation RFE with the exact wording and what resolved it would be the most valuable addition on this page.]

Frequently asked questions

What is the H-1B denial rate in 2026? Denials fell to 2.15% in FY2025, the lowest in over a decade.

If denials are so low, what is the risk? The Request for Evidence. 24% of 2025–26 petitions drew one, and how it is answered largely determines the outcome.

What is the most common RFE reason? Specialty occupation — 42% of all RFEs. USCIS questions whether a bachelor's degree in a specific discipline is genuinely the normal minimum requirement for the role.

Should I use a lawyer for an RFE response? The data strongly suggests yes. Attorney-led responses filed within 30 days are approved 68% of the time; self-filed responses are denied at over 70%.

Does a job title establish specialty occupation? No. USCIS guidance is explicit that titles alone establish nothing — officers examine the actual duties.

What is the $100,000 H-1B fee? A fee introduced for new H-1B petitions. Implementation details have been changing; confirm the current position with USCIS or an attorney before relying on any figure.

Official sources

Verified 29 July 2026. H-1B fee and policy changes have moved repeatedly through 2025–26. This is a reference, not legal advice — for an RFE, consult a licensed US immigration attorney.