USCIS RFE Increase Scrutiny: Why Routine Cases Are Being Questioned

Last month, I got an RFE (Request for Evidence) on something I’ve never been questioned about in my entire career: the student visa compliance history for our H-1B applicant.

We provided more than enough documentation to show that her job is a “specialty occupation”, and that she has the requisite experience for the role (the traditional pain points). Yet, the RFE focused on what she did years ago during and after her Master’s Degree program.

For five years, we haven’t received a single substantive RFE. We perfected our process with the same documentation, same preparation, and same attention to detail on every case.

Then, we got another RFE for an EB-1-A extraordinary ability case.

At first, I thought maybe we missed something, and I took it personally. But we didn’t change anything about how we prepare cases. In fact, our EB-1-A case was approved within 5 days when we applied for that employee’s O-1A visa (which requires meeting the same 3 out of 10 criteria).

This case made one thing clear: USCIS RFE increase scrutiny is not a coincidence—it’s a systemic shift in how applications are being reviewed.

Hearing from attorneys who received multiple RFEs over the last quarter confirmed that USCIS scrutiny is on the rise.

Add the possibility that USCIS is using AI to draft RFE requests, and you can see why they are issuing more RFEs than ever before.

During the last Trump administration, USCIS started issuing RFEs on things that were previously routine. We adapted then by taking every RFE we received and adding those requirements to our permanent checklist. If they questioned it once, we proactively addressed it in every future case.

That approach kept us ahead for five years. Now we’re updating our checklist again.

Right now, students and tourists are being vetted like never before, and must prove full compliance with all prior statuses. Even social media pages are now a hunting ground for content deemed provocative, anti-Semitic, or anti-American.

Applicants are being asked to list every social media handle, email address, and phone number they’ve had for the last 5 years — even if the account was never used. If a profile is set to “private,” it may raise suspicions and cause delays, especially in consular processing.

In immigration law, things are shifting constantly. What worked four months ago may not work today.

If you’re sponsoring international talent, assume nothing is routine anymore. The difference between approval and delay often comes down to anticipating what USCIS will question before they ask — and addressing it head-on.

Work with someone who is actively monitoring policy shifts and adapting in real time. When your life is on the line, do you really want to take chances?

If you need immigration support that stays ahead of policy changes, call (949) 940-6725, or book a consultation online to speak with one of our experienced immigration attorneys.

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.