Navigating Unpredictable USCIS Denials and RFEs

Starting in August, immigration approvals that used to be routine became unpredictable. 

Applications that would have sailed through a year ago are now getting denied or hit with RFEs (Requests for Evidence), even when nothing about the case has changed. 

As an immigration attorney who has practiced through MULTIPLE administrations, I can confirm what many employers and foreign workers are experiencing: The landscape shifted dramatically in late summer 2025. 

Some examples illustrates these changes: 

1. We submitted a 500-page Extraordinary Ability visa application (EB-1-A) for a client who had received an O-1 approval just a year earlier, with substantially the same credentials. It was approved in only five (5) days! 

For the Green Card, we updated and improved on the O-1 application while providing the same core evidence for the EB-1-A application. This time, the EB-1-A application received an RFE (our only substantive one in the last year), with a statement that the applicant "didn't meet any of the criteria." 

We just proved she met 5 of the criteria in the O-1. Now, she meets "none?"

The applicant's qualifications hadn't changed. The adjudication climate had. However, with a targeted response, her I-140 application was approved.

2. Another shift came in August when Marco Rubio announced that all commercial driver visas would be halted following a fatal accident in Florida involving a foreign driver. Programs that had operated successfully for consecutive years were suddenly on hold—not through legislative process, but by announcement. 

3. Social media vetting requirements, initially introduced for student visas, have now expanded to H-1B visa applicants. Anyone applying for a visa must disclose all social media profiles—including dormant accounts, throwaway email addresses, or platforms the applicant rarely uses. Failure to disclose can result in denial. 

These changes have created a surge in interest in self-sponsorship applications. The PERM process for employment-based green cards currently takes a minimum of 5 years. For Indian nationals, add at least 12 additional years due to per-country caps. The complication is that approval rates have dropped to approximately 50%; even applicants with strong credentials are receiving RFEs that require the entire application to be redone—at double the cost and time. 

Practically, this means, cases that used to be straightforward now require significantly more preparation: 

• Employers should budget more time and legal fees for routine filings. 

• Foreign workers should address any issues 6 months in advance, rather than waiting until the last minute. 

Now we are fixing applications that should have been approved the first time, seeking congressional intervention for cases stuck in processing, and advising clients on which visa categories to avoid entirely. Have you seen processing times or approval rates shift? How has your organization been affected by these changes?

DISCLAIMER: This post does not constitute legal advice, or make any guarantees as to a potential outcome. Consult with a qualified, licensed immigration attorney about the facts of your case before proceeding.