O-1, L-1 and TN Approval and RFE Rates in 2026: What USCIS Data Shows Next to H-1B
In FY2026 Q1-Q3, USCIS approved about nine in ten O and L-1 petitions, but one in four drew an RFE first, and most denials came after one.
Part of our guide to the O-1 visa.
The O-1 visa approval rate in the latest USCIS data is 91.0%: of the O petitions USCIS decided between October 1, 2025 and June 30, 2026 (fiscal 2026, quarters 1-3), 91.0% were approved, and 24.2% received a Request for Evidence (RFE) along the way. L-1A came in at 91.2% approved with a 25.9% RFE rate, L-1B at 91.3% / 29.4%, TN at 94.9% / 13.0% (USCIS-filed cases only), and H-1B at 97.0% / 8.5%. The main H-1B alternatives are approved about nine times in ten, but O and L-1 petitions draw RFEs roughly three times as often as H-1B.
Status as of 2026-11-01: these are the newest published figures (the USCIS FY2026 Q3 I-129 release; no Q4 data is posted yet). All of them predate PA-2026-05, the USCIS evidence policy in effect since 2026-08-05 and challenged in court, which lets officers deny without an RFE when required initial evidence is missing. Removing deference to prior approvals on I-129 extensions is only proposed (comments close 2026-11-13).
What is the O-1 visa approval rate in 2026?
USCIS approved 91.0% of the O petitions it decided from October 1, 2025 through June 30, 2026 (FY2026 Q1-Q3), and 24.2% of those decisions involved an RFE. The O category combines O-1A, O-1B and O-2 support personnel, initial and extension filings, and none of it reflects PA-2026-05.
The source is the USCIS Form I-129 quarterly Request for Evidence spreadsheet for FY2026 Q3, which has one tab per classification. The O tab counts 23,417 decided petitions: 21,321 approved and 2,096 denied. The monthly O approval rate stayed between 89.7% (June 2026) and 91.9% (October 2025 and May 2026), so the 91.0% is not one unusual month.
What counts inside the "O" number
The O tab is titled "Individuals with Extraordinary Ability or Achievement and Essential Support Personnel (O)". O-1A (sciences, education, business, athletics), O-1B (arts, motion pictures and television) and O-2 support staff, as defined on the USCIS O-1 visa page, sit in one figure. There is no separate O-1A rate and nothing by occupation.
A stale number to drop: "O-1 approval rate around 94%" still circulates in older articles. The current USCIS release shows 91.0% for FY2026 Q1-Q3.
O-1, L-1, TN and H-1B approval and RFE rates compared
One release, one period, one definition, so the rows compare with each other, but not with vendor figures built on other years or definitions.
USCIS I-129 approval and RFE rates, FY2026 Q1-Q3 (as of 2026-11-01; data period 2025-10-01 to 2026-06-30)
| Classification | Decided petitions | Approval rate | RFE rate | Approved after an RFE (our arithmetic) | What this means |
|---|---|---|---|---|---|
| H-1B | 278,650 | 97.0% | 8.5% | 81.7% | The baseline. Few RFEs, and most RFE cases still end in approval. |
| O (O-1A, O-1B, O-2) | 23,417 | 91.0% | 24.2% | 66.8% | One in four gets an RFE; about a third of those end in denial. |
| L-1A (manager or executive) | 18,553 | 91.2% | 25.9% | 71.2% | Close to O, and it needs a year of work abroad first. |
| L-1B (specialized knowledge) | 10,263 | 91.3% | 29.4% | 74.5% | Highest RFE rate of the group; "specialized knowledge" is a judgment-heavy standard. |
| TN (USCIS-filed only) | 11,349 | 94.9% | 13.0% | 67.7% | Excludes TN decisions made by CBP at the border and by consulates. |
Source: USCIS I-129 RFE spreadsheet, FY2026 Q3. "Approved after an RFE" is our division of the spreadsheet's "Approved with RFE" count by its "Completions with RFE" count. Blanket L petitions are on a separate tab and are not in the L-1A or L-1B rows.
For the H-1B-only view, including employer type and occupation, see our breakdown of H-1B approval and denial rate trends for 2026.
How USCIS calculates approval and RFE rates
Approval rate is approvals divided by approvals plus denials for the period, and RFE rate is the share of those decisions that had an RFE. Only approvals and denials count as decisions ("completions"); pending petitions are reported separately.
The footnotes add three rules. "Only initial decisions are considered", so revocations and remands are excluded. "Petitions with multiple RFEs are only counted once." And every tab mixes first-time petitions and extensions: "All reports include all I-129 receipts including both initial and extension filings."
That last rule matters. Under 8 CFR 214.1(c)(5), an extension with the same parties and facts generally gets deference to the earlier approval, so first-time petitions may fare worse than the blended rate suggests (our reading; USCIS does not publish the split). One more trap: the last column, "Approved with RFE (%)", is printed as a share of all decisions (16.2% for O), although its footnote describes a share of RFE cases. For the approval rate after an RFE, divide the two counts yourself, as we did above.
What percentage of O-1 petitions get an RFE?
About one in four: 24.2% of O petitions decided in FY2026 Q1-Q3 had an RFE. By our arithmetic, 98.8% of O petitions decided without an RFE were approved, against 66.8% of those that got one.
Put another way, 1,885 of the 2,096 O denials, about nine in ten, came after an RFE. The pattern holds across the alternatives: about 85% of L-1A and L-1B denials and about 83% of TN denials followed an RFE. For H-1B the figure is about 52%, so H-1B denials more often come straight from the initial filing.
The same data, per 100 decided petitions
Out of every 100 petitions decided, FY2026 Q1-Q3 (our arithmetic; rows may not sum exactly because of rounding)
| Classification | Got an RFE, then approved | Got an RFE, then denied | No RFE, approved | No RFE, denied |
|---|---|---|---|---|
| H-1B | 6.9 | 1.5 | 90.1 | 1.4 |
| O | 16.2 | 8.0 | 74.9 | 0.9 |
| L-1A | 18.4 | 7.5 | 72.8 | 1.3 |
| L-1B | 21.9 | 7.5 | 69.4 | 1.2 |
| TN (USCIS-filed) | 8.8 | 4.2 | 86.1 | 0.9 |
This describes filed cases, not a forecast, and it does not show that RFEs cause denials: RFE cases are likely the ones with thinner initial evidence. For O and L-1 petitions an RFE is common and serious, and the response, usually prepared by the employer's or agent's attorney, often decides the case. Since 2026-08-05, under PA-2026-05, a petition missing required initial evidence may be denied with no RFE at all. Our guide to the O-1 visa and its evidence criteria covers what that evidence looks like.
Is L-1B harder to get approved than H-1B?
On these numbers, yes: L-1B was approved 91.3% of the time with a 29.4% RFE rate, against 97.0% and 8.5% for H-1B, about three and a half times the RFE rate. But the two groups differ so much that the comparison says little about any one person.
For an F-1 or OPT worker, the bigger gate comes first. USCIS's L-1A page says the employee must generally have worked abroad for a qualifying related company "for one continuous year within the three years" before admission. If you came to the US as a student and have worked only on OPT, you rarely meet that. Two other points:
- Maximum stays differ: 7 years for L-1A, 5 for L-1B, and a new-office L-1A starts with one year.
- Covered employers (50 or more US employees, more than half of them in H-1B or L-1 status) owe a $4,500 9-11 fee on L-1 petitions, and since 2026-09-09 that includes extensions, for petitions postmarked through 2027-09-30. USCIS confirmed this in PA-2026-16 on 2026-10-27. It affects cost, not approval.
If a multinational is your realistic path, our comparison of H-1B vs L-1 and which to target walks through the one-year rule in practice.
Why do TN approval rates cover only USCIS-filed cases?
Because the main routes into TN status run through CBP and consulates, and the USCIS spreadsheet counts only I-129 petitions filed with USCIS. The TN USMCA Professionals page spells out the split. Canadian citizens "are not required to apply for a TN visa at a U.S. consulate" and can seek admission at CBP-designated ports of entry or preclearance stations. Mexican citizens "must obtain a visa to enter the United States as a TN nonimmigrant" from a US embassy or consulate. An employer can also file Form I-129 with USCIS, for example for a TN worker already in the US or for a Canadian abroad.
So the 94.9% approval and 13.0% RFE rates describe 11,349 USCIS decisions, not TN as a whole; CBP and State Department decisions are not in this file. Separately, the USMCA was "not renewed" at its July 2026 joint review but "remains in force", according to the USTR statement, and TN eligibility, professions and procedure are unchanged as of 2026-11-01. Whether your job title fits the TN list is a separate question, covered in whether "software engineer" is a TN profession.
Does a high approval rate mean the O-1 is easy?
No. If you searched "how hard is it to get an O-1 visa" or "O-1 visa success rate", the 91.0% does not answer your real question, for three reasons.
- Self-selection. O-1 petitions are filed by a US employer or agent, typically after an immigration attorney has reviewed the evidence. People who clearly do not meet the criteria are usually advised not to file, so they never become a denial (our reading; USCIS publishes nothing on cases never filed).
- Mixed population. The O figure includes O-2 support personnel and extensions for people already approved once.
- A heavy evidentiary standard. Among other things, the petitioner "must provide a written advisory opinion from a peer group (including labor organizations)" or from an expert, per the USCIS O-1 page, plus evidence against the regulatory criteria. USCIS's main O-1 evidence guidance is PA-2025-02 (2025-01-08).
A related misreading: an O-1A approval does not predict the green-card version. USCIS I-140 data for FY2026 Q3 (April-June 2026, also before PA-2026-05) shows an EB-1A approval rate of 32.2%, for a different form, standard and period. Timing differs too: the USCIS processing-times tool, read 2026-11-01, showed 14.5 months for I-129 O petitions (80% of cases completed within), against 6.5 for L and 4.5 for TN; check it for today's figure. Premium processing ($2,965 for most I-129 classes, currently 15 business days) speeds the decision; it does not lower the standard.
What changed after this data was collected
The data window closed on 2026-06-30. Several things have moved since, and none of them shows up in these rates.
Rules affecting how to read the rates (as of 2026-11-01)
| Item | During the data window (Oct 2025 - Jun 2026) | As of 2026-11-01 | What it means for you |
|---|---|---|---|
| Denial without an RFE (PA-2026-05) | Not yet issued | In effect since 2026-08-05 for all benefit requests (RFE response time up to 12 weeks, the maximum, not the standard; NOIDs at most 30 days); challenged in AAUP v. Mullin (D. Mass. 1:26-cv-14527), no ruling | Missing required initial evidence can lead to a denial with no RFE first. Post-August rates may not compare with these; none are published. |
| Deference to prior approvals on extensions (8 CFR 214.1(c)(5)) | Applied | Still applies; removal proposed (RIN 1615-AD26), comments close 2026-11-13 | If finalized, DHS's own estimate is about 6,044 extra RFEs a year on 208,429 affected petitions. Check the Federal Register for any final rule. |
| Worker 60-day grace period (8 CFR 214.1(l)(2)) | Applied | Still applies; elimination proposed for H-1B, L-1, O-1, TN and others, comments close 2026-11-10 | No change unless a final rule is published. The separate F-1 grace period is not part of this proposal. |
| Form I-129 edition | Earlier editions in use | Scheduled: from 2026-11-09, USCIS accepts only the 09/09/26 edition (I-129 page) | A rejected filing is not a denial, but it costs time. |
One more check if you are weighing these visas against the H-1B: Proclamation 11069, the $100,000 H-1B entry restriction, covers only H-1B and never names O-1, L-1 or TN. As of 2026-11-01 it is in effect on paper, but the payment is not being collected because two federal courts blocked the agency policies that implement it; both cases are on appeal.
How to check the newest USCIS numbers yourself
USCIS posts each quarterly release months after the quarter ends, and the next one will replace every number above.
- Open the USCIS Immigration and Citizenship Data page and filter by "Requests for Evidence (RFEs)", or look for the report titled "Nonimmigrant Worker Petitions by Case Status and Request for Evidence (RFE)".
- Download the newest spreadsheet and read the date range under each tab title (the current file says "October 1, 2025 - June 30, 2026").
- Open the tab for your classification (O, L-1A, L-1B, Blanket L, TN or H-1B) and use the TOTAL row, not a single month.
- Divide "Approved with RFE" by "Completions with RFE" to get the approval rate after an RFE.
- Check whether the period runs past 2026-08-05 before comparing it with the figures here.
Questions about your own evidence, which petition an employer should file and when, and how a firm handles RFEs in your category belong with a licensed immigration attorney. If you are on F-1, OPT or STEM OPT, take questions about your SEVIS record, unemployment days, travel or your OPT end date to your DSO. For the wider menu of options, see our comparison table of US work visas and our guide to work visa options if you were not selected in the H-1B lottery.
Common mistakes
- Comparing numbers across sources. Vendor pages mix fiscal years, initial-only and all-filing counts, and "approval" definitions. Compare only within one USCIS release.
- Reading the O figure as O-1A for tech, or the TN figure as all TN decisions. O mixes O-1A, O-1B, O-2 and extensions; TN leaves out border and consular decisions.
- Misreading an RFE. For O and L-1, between a quarter and a third of RFE cases ended in denial in this data, so it is not a formality; most were still approved, so it is not a denial either.
- Saying PA-2026-05 changed these rates. Every figure here predates it, and USCIS has published no post-policy I-129 data.
Frequently asked questions
What is the O-1 visa approval rate in 2026?
USCIS I-129 data for FY2026 Q1-Q3 (October 1, 2025 to June 30, 2026) shows 91.0% of O petitions approved (approvals divided by approvals plus denials) and a 24.2% RFE rate. The figure mixes O-1A, O-1B, O-2 and extensions, and it predates PA-2026-05, in effect since 2026-08-05. No later USCIS data was published as of 2026-11-01.
Is L-1B harder to get approved than H-1B?
On USCIS FY2026 Q1-Q3 data, L-1B was approved 91.3% of the time with a 29.4% RFE rate, against 97.0% and 8.5% for H-1B, about three and a half times the RFE rate. But L-1 generally requires one continuous year of work abroad for a related company within the three years before admission, so it is rarely available straight from F-1 or OPT.
What percentage of O-1 petitions get an RFE?
About one in four. In FY2026 Q1-Q3, 24.2% of decided O petitions had an RFE. By our arithmetic from the same USCIS spreadsheet, 66.8% of those were approved, against 98.8% of O petitions decided without an RFE, and 1,885 of the 2,096 O denials (about nine in ten) followed an RFE.
Does a high approval rate mean the O-1 is easy?
No. The 91.0% covers petitions that employers and agents chose to file, often after an attorney reviewed the evidence, so weak cases are mostly missing. It also mixes O-1A, O-1B, O-2 and extensions. It shows how USCIS treated filed cases from October 2025 to June 2026, not whether your own record meets the criteria.
Why do TN approval rates cover only USCIS-filed cases?
Canadian citizens can seek TN admission directly from CBP at designated ports of entry or preclearance stations, and Mexican citizens need a TN visa from a US embassy or consulate, so those decisions sit with CBP or the State Department. The 94.9% approval and 13.0% RFE rates for FY2026 Q1-Q3 cover only I-129 petitions filed with USCIS, such as extensions for TN workers already in the US.
Sources
- USCIS, Form I-129 quarterly Request for Evidence data, FY2026 Q3 (October 1, 2025 - June 30, 2026; queried 07/2026)
- USCIS, Form I-140 data, FY2026 Q3 and Immigration and Citizenship Data
- USCIS, O-1 Visa: Individuals with Extraordinary Ability or Achievement
- USCIS, L-1A Intracompany Transferee Executive or Manager
- USCIS, TN USMCA Professionals
- USCIS, Policy Alert PA-2026-05, evidentiary standards, PA-2026-16, L-1 fees and PA-2025-02, O-1 evidence
- USCIS, Form I-129 page and processing times
- Federal Register, Removing deference to prior USCIS determinations (NPRM, 2026-10-14), Eliminating the discretionary 60-day grace period (NPRM, 2026-09-11) and Proclamation 11069 (2026-09-23)
- USTR, Statement on the USMCA joint review (2026-07-01)
How we checked this: we downloaded the USCIS FY2026 Q3 I-129 RFE spreadsheet (queried by USCIS 07/2026), recomputed every rate from its TOTAL rows, and on 2026-11-01 checked each policy status against the USCIS, Federal Register and USTR pages listed above.
This is general information, not legal or tax advice; your own petition, approval notice and I-94, and your DSO or immigration attorney, govern your situation.
If you are on OPT or STEM OPT and want a search aimed at employers that actually sponsor, whether through H-1B or another route, F1Jobs can help you plan it.
Frequently asked questions
What is the O-1 visa approval rate in 2026
USCIS I-129 data for FY2026 Q1-Q3 (October 1, 2025 to June 30, 2026) shows 91.0% of O petitions approved (approvals divided by approvals plus denials) and a 24.2% RFE rate. The figure mixes O-1A, O-1B, O-2 and extensions, and it predates PA-2026-05, in effect since 2026-08-05. No later USCIS data was published as of 2026-11-01.
Is L-1B harder to get approved than H-1B
On USCIS FY2026 Q1-Q3 data, L-1B was approved 91.3% of the time with a 29.4% RFE rate, against 97.0% and 8.5% for H-1B, about three and a half times the RFE rate. But L-1 generally requires one continuous year of work abroad for a related company within the three years before admission, so it is rarely available straight from F-1 or OPT.
What percentage of O-1 petitions get an RFE
About one in four. In FY2026 Q1-Q3, 24.2% of decided O petitions had an RFE. By our arithmetic from the same USCIS spreadsheet, 66.8% of those were approved, against 98.8% of O petitions decided without an RFE, and 1,885 of the 2,096 O denials (about nine in ten) followed an RFE.
Does a high approval rate mean the O-1 is easy
No. The 91.0% covers petitions that employers and agents chose to file, often after an attorney reviewed the evidence, so weak cases are mostly missing. It also mixes O-1A, O-1B, O-2 and extensions. It shows how USCIS treated filed cases from October 2025 to June 2026, not whether your own record meets the criteria.
Why do TN approval rates cover only USCIS-filed cases
Canadian citizens can seek TN admission directly from CBP at designated ports of entry or preclearance stations, and Mexican citizens need a TN visa from a US embassy or consulate, so those decisions sit with CBP or the State Department. The 94.9% approval and 13.0% RFE rates for FY2026 Q1-Q3 cover only I-129 petitions filed with USCIS, such as extensions for TN workers already in the US.