A new report shows that USCIS processing delays are affecting temporary work visa petitions as demand for high-skilled talent continues to grow. If you are an H-1B, L-1, or O-1 worker: or an employer sponsoring one: filing early and preparing carefully are more important than ever.
The American Immigration Council’s report, High-Skilled Nonimmigrant Petitions: USCIS Filing and Processing Trends, FY2016–FY2025, published August 18, 2026, examines nearly a decade of USCIS data for Form I-129 petitions.
Form I-129 is used for several temporary work visa categories, including H-1B, L-1A, L-1B, and O visas. The report finds that backlogs are growing, USCIS is processing petitions less efficiently, and employers and workers face more uncertainty: even though approval rates have generally recovered.
This is the temporary work visa companion to our recent article, “New USCIS Data Shows Employment-Based Green Cards Are Taking Longer and Denials Are Rising.” Together, the reports show pressure in both parts of the employment-based immigration system: temporary work visas and employment-based green cards.
What did the report find?
The report reviewed quarterly USCIS data from fiscal year 2016 through fiscal year 2025. Its findings provide a useful view of how the system has changed over time.
The bigger picture is significant:
- Nonimmigrant work visa categories accounted for 74% of all approved employment-based petitions for high-skilled workers between FY2016 and FY2025.
- USCIS approved an average of 452,566 high-skilled nonimmigrant petitions per year since FY2017.
- Annual H-1B filings increased 14.5% over the decade, reaching 456,724 petitions in FY2025.
- O visa filings increased 68.6%, from 5,390 to 9,086 petitions in FY2025 Q4.
- Pending I-129 petitions grew 175.6% between FY2023 Q2 and FY2025 Q4.
These numbers confirm that temporary work visas are not a minor part of the immigration system. They are a primary way U.S. employers recruit and retain specialized workers.
Why is the work visa backlog growing?
A USCIS backlog is the group of cases that have been filed but not yet completed. When new filings arrive faster than USCIS completes existing cases, the backlog grows.
The American Immigration Council found that USCIS’s efficiency ratios fell below 1.0 in several categories in recent years.
An efficiency ratio compares the number of petitions USCIS completes with the number it receives:
- A ratio above 1.0 means USCIS completed more petitions than it received during a period.
- A ratio of 1.0 means completions and incoming filings were roughly equal.
- A ratio below 1.0 means USCIS completed fewer petitions than it received, adding to the backlog.
In FY2025, USCIS did not keep pace with incoming demand in several high-skilled categories. The result was longer backlog clearance time: the estimated time needed to work through pending cases at the agency’s processing rate.
This does not necessarily mean every individual petition will take the same amount of time. However, it does mean that USCIS processing times are less predictable, particularly when a case requires additional review.
What does the data mean for H-1B workers and employers?
The H-1B category generally had the strongest outcomes in the report. Over the decade, H-1B petitions had:
- The highest average efficiency ratio: 1.03
- The highest average approval rate: 97.8%
- The lowest average RFE rate: 8.5%
An RFE, or Request for Evidence, is a notice from USCIS asking for more information before making a decision. Receiving an RFE does not automatically mean your case will be denied. It does mean the case needs a careful and timely response.
Despite H-1B’s favorable approval statistics, the category experienced a sharp backlog increase. Pending H-1B petitions nearly doubled in FY2025, rising from 66,894 to 124,638.
For employers, this can affect:
- Employee start dates
- Extensions and amendments
- Changes in worksite or job duties
- Project staffing
- International travel planning
- Onboarding and workforce budgets
For workers, an H-1B processing delay can create stress around continued employment, travel, family planning, and long-term immigration goals.
A high approval rate does not eliminate the risk created by delay. Your petition may ultimately be approvable while still taking longer than expected to process.
Why do L-1 cases face more scrutiny?
The L-1 visa allows qualifying companies to transfer certain employees from a related foreign office to a U.S. office.
- L-1A is generally used for managers and executives.
- L-1B is generally used for workers with specialized knowledge.
The report found that L-1 petitions: particularly L-1B petitions: faced greater adjudicative challenges than H-1B petitions. They had higher RFE rates and lower approval rates, even though L-1 petitions had a relatively short average processing time of about three months in the report’s data.
Why does this matter? L-1 cases often depend on detailed facts about:
- The relationship between the foreign and U.S. companies
- The worker’s employment history abroad
- The worker’s actual duties
- The company’s organizational structure
- The nature of the worker’s executive, managerial, or specialized knowledge role
- The U.S. company’s business operations
A title alone may not establish eligibility. USCIS may focus closely on what the worker actually does and how the role fits within the company.
What should you know about O-1 visa demand?
The O-1 visa is designed for individuals who have demonstrated extraordinary ability or achievement in fields such as science, education, business, athletics, the arts, television, or motion pictures.
O visa filings rose from 5,390 to 9,086 in FY2025 Q4, a 68.6% increase over the period identified in the report. This growth reflects the category’s increasing importance for highly accomplished professionals, founders, researchers, artists, and other specialized workers.
O petitions remained comparatively stable in approval trends, but increased demand can still contribute to delays and additional review.
A strong O-1 case should present a clear, organized explanation of:
- Your field and level of achievement
- Your specific accomplishments
- The significance of your work
- Your proposed U.S. activities
- The evidence connecting your qualifications to the O-1 requirements
Because O-1 eligibility is highly fact-specific, organizing evidence around a persuasive story: not simply submitting a large volume of documents: is essential.
Are RFEs becoming less damaging?
The report provides one encouraging finding: petitions that received RFEs became more likely to be approved over time.
Between FY2017 Q1 and FY2025 Q4, approval rates for completed petitions that received RFEs increased by:
- 9.1 percentage points for H-1B
- 4.5 percentage points for L-1A
- 27.4 percentage points for L-1B
This does not mean an RFE is harmless or that every response will succeed. An RFE can still delay a decision and may identify a serious weakness in the petition.
The practical lesson is to treat an RFE as a deadline-driven legal response. You should:
- Read every question carefully.
- Identify exactly what USCIS believes is missing or unclear.
- Gather evidence that directly addresses those concerns.
- Use consistent facts across forms, letters, contracts, payroll records, and supporting documents.
- Submit the response before the deadline.
A rushed or incomplete RFE response can create unnecessary risk in an otherwise viable case.
What do the trends mean for H-4 spouses?
The delays do not affect only the primary worker. They can also affect a spouse’s ability to work.
The report found that H-4 spouses seeking employment authorization documents (EADs) waited an average of:
- 6.5 months when the H-4 EAD application was filed concurrently with the H-4 petition
- 16.5 months when the EAD application was filed later
This can have a direct effect on a family’s income, career plans, insurance coverage, and financial stability.
If your spouse depends on an EAD, plan well before the current card expires. Review filing eligibility, renewal timing, passport validity, dependent status, and any required supporting documents early. Do not assume that the primary worker’s approved petition will automatically prevent a work authorization gap.
How should employers and workers respond?
The report’s data point to several practical steps.
File as early as possible
Do not wait until the last possible filing date for an extension, amendment, transfer, or change of status. Delays can affect work authorization and business operations.
Prepare a complete petition
A complete filing should clearly explain the position, the worker’s qualifications, the employer’s operations, and the legal basis for the requested classification. Missing or inconsistent information can lead to an RFE or additional delay.
Document L-1 cases especially carefully
L-1A and L-1B cases receive more scrutiny than H-1B cases in the report. Employers should provide detailed evidence of the corporate relationship, the worker’s prior employment, job duties, organizational structure, and specialized knowledge or managerial responsibilities.
Consider premium processing strategically
Premium processing may be useful when timing is important, but it is not a substitute for a well-prepared petition. It can speed up USCIS action within the applicable premium-processing framework, but it does not guarantee approval, prevent an RFE, or resolve every underlying immigration issue.
Before choosing premium processing, consider:
- Whether a faster decision is genuinely necessary
- Whether the petition is ready to file
- The consequences of an RFE
- Travel or start-date needs
- Whether a dependent EAD application will still require separate planning
Plan for dependent work authorization delays
If your spouse needs an H-4 EAD, build the expected processing time into your family and employment plans. Filing concurrently may reduce the average delay compared with filing afterward, according to the report, but it does not guarantee a specific result or timeline.
What is the bigger picture?
The American Immigration Council’s findings show a system facing sustained demand and growing operational strain. Approval rates have recovered after significant declines during the first Trump administration, and H-1B petitions continue to receive generally favorable outcomes. However, approval is only one part of the process.
A petition can be approvable and still face:
- A long wait for a decision
- An RFE
- A delayed start date
- Complications for international travel
- A work authorization gap for a dependent spouse
- Difficulty coordinating a temporary visa with a future green card strategy
For employers and workers, the best response is proactive planning. Track expiration dates, start cases early, preserve supporting records, and review strategy before a problem becomes urgent.
We will continue to monitor USCIS processing trends and keep you updated as new data and policy changes emerge.
What should you do next?
If you are planning an H-1B, L-1, or O-1 filing: or if your family depends on H-4 work authorization: consider an early review of your timeline and documents.
Contact Badmus & Associates to discuss your work visa options, petition strategy, RFE response, or dependent work authorization planning. We serve employers, workers, and families across Texas and nationwide.
This article provides general information and is not legal advice. Immigration outcomes depend on the specific facts of your case, and USCIS policies and processing times can change.
Source: American Immigration Council, High-Skilled Nonimmigrant Petitions: USCIS Filing and Processing Trends, FY2016–FY2025, published August 18, 2026. Download the report PDF.
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