In today’s competitive global talent environment, employment-based nonimmigrant and immigrant visa categories remain essential tools for U.S. employers trying to attract, transfer, or retain high-skilled professionals. Recent trends show that U.S. Citizenship and Immigration Services (USCIS) has adopted a significantly more stringent approach to adjudicating related petitions.
USCIS has recently made several changes that are making business immigration more demanding. These include stricter enforcement of petition signatures, increased use of AI in application reviews, higher evidentiary requirements and a noticeable shift in how EB-1 Extraordinary Ability and EB-2 National Interest Waiver petitions are adjudicated. In addition, starting October 28, 2025, USCIS will accept only ACH debit payments using Form G-1650 or credit card payments using Form G-1450 for paper-filed petitions that do not qualify for an exemption. Online payments will still be available for the limited number of forms that can be submitted electronically.[1]
This blog post outlines the most pressing issues across these visa categories and offers practical guidance to help employers prepare compliant and compelling filings that can withstand today’s elevated scrutiny.
- 1. Signature Compliance
Employers sponsoring foreign professionals have increasingly encountered Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) stemming from issues related to form signatures, a seemingly minor administrative detail that can significantly delay or jeopardize a filing. While this concern applies to all types of USCIS petitions year-round, the upcoming H-1B cap season makes it especially important to ensure all signature requirements are carefully met. Although USCIS made scanned signatures permanently acceptable in 2022 under 8 CFR §103.2(b)(5), reports from the American Immigration Lawyers Association (AILA)[2] and legal professionals suggest the agency is now using artificial intelligence (AI) to identify potentially duplicated or irregular signatures.[3] In particular, AI systems may be flagging petitions that use drop-in signatures from tools like Adobe or ones that appear to be reused across different cases.
This AI use means that petitions may be delayed or denied, not due to substantive issues but simply because of how the form was signed.
How Employers Can Respond
- Ensure that all signatures submitted on petitions and applications are scanned with wet-ink signatures, original wet-ink signatures, or created using a stylus or mouse input (only if the form is filed electronically, not auto-generated, and instructions permit).
- Original signed versions of petitions and applications are retained in physical or secure electronic form in case USCIS requests verification.
- Human Resource (HR) and legal teams are aligned on updated best practices and are not relying on legacy digital tools that may now create compliance risks. Some companies are deploying robotic process automation bots for onboarding and compliance.
As signature and document scrutiny becomes more technologically sophisticated, meticulous documentation and internal compliance protocols are essential to avoid unnecessary setbacks in the adjudication of petitions and applications filed with USCIS.
- 2. L-1B: Heightened Standard for Specialized Knowledge
L-1B nonimmigrant intracompany transferee petitions used to transfer professionals with specialized knowledge from a foreign affiliate to a U.S. office, have always required a strong evidentiary foundation. In recent months, employers have seen an increase in RFEs, however, specifically targeting the “specialized knowledge” standard.[4]
The evidentiary standard appears to have shifted, with officers now asking for a level of detail that goes well beyond what was typically requested in the past, including:
- Comparative analyses demonstrate how the individual’s knowledge and expertise exceed that of peers both within and outside the organization.
- Organizational charts that clearly highlight the beneficiary’s unique role and responsibilities.
- Concrete evidence of proprietary knowledge, processes, or tools that are not commonly known or used in the industry.
- A detailed outline of how the foreign national acquired the specialized knowledge, including supporting evidence such as training records, certificates, and completed courses.
These changes mean that preparing an L-1B petition now requires significantly more effort—approaching the level of detail and documentation typically expected for EB-1 or NIW filings. USCIS’s demand for comprehensive evidence of the beneficiary’s specialized knowledge, including a thorough review of every certificate or training record, has led to substantial costs for employers. In many cases, translating foreign-language certificates into English can cost thousands of dollars—sometimes more than the petition itself. With USCIS increasingly using AI for various aspects of immigration adjudication, including document review and translations[5], questions arise about whether these requirements have created an unreasonable burden for U.S. employers in the L-1B category.
How Employers Can Respond
Preparing an L-1B I-129 nonimmigrant petition requires building a more comprehensive evidentiary package that goes well beyond qualifying job duties. Companies should treat each L-1B petition as a tailored project, with support from managers and related international teams to document the individual’s contributions, innovations, experience, and value to the U.S. operation.
This increased documentary demand extends timelines and can strain HR and legal resources, so early coordination and internal preparation are key to avoiding bottlenecks.
- 3. EB-1 and EB-2 NIW: Elevated Scrutiny on Petitions
Employers considering the EB-1 Extraordinary Ability (EA) or EB-2 National Interest Waiver (NIW) categories should be aware that USCIS is applying significantly greater scrutiny to petitions across the board. RFEs and denials increasingly cite insufficient evidence that the proposed U.S. endeavor has substantial merit or serves the national interest—even in fields such as electric vehicles, which were previously considered national priorities. As national priorities shift, professionals whose work is vital to keeping the U.S. competitive now face higher hurdles to obtain permanent residence.[6]
Long viewed as an alternative to the EB-1 EA category, the EB-2 NIW is no longer as readily attainable as it once was. In fact, NIW denial rates now exceed those for EB-1 EA petitions, with 37.2% of NIW cases denied in Q1 of FY2025, compared to 25.1% for EB-1 EA. In FY2024, the NIW approval rate fell to just over 43%, with nearly 39% of cases still pending at year’s end.
This increased scrutiny extends beyond the minimum criteria. USCIS now requires substantially more evidence to satisfy each criterion, and even petitions that meet the technical requirements may still be denied on the final merits of review. Denial rates for EB-1 EA petitions have risen to roughly one in four, and approved petitions are sometimes revoked when the evidence is deemed questionable or insufficiently verifiable.[7]
These trends have significant consequences for employers. Denial rates are climbing, backlogs are growing, and processing delays are increasing. Employers can no longer assume that the NIW will provide a faster or more reliable path to permanent residence for critical employees.
Ultimately, the standard for approval is intended to be whether the petitioner has met the requirements of the category by a preponderance of the evidence. In practice, however, USCIS appears to be applying a more stringent, “clear and convincing” approach, effectively requiring petitioners to demonstrate beyond doubt that they satisfy each criterion.
How Employers Can Respond
- Treat the petition like a portfolio: Each piece of evidence should be tied to the regulatory criteria and presented to highlight the candidate’s real-world contributions.
- Gather quantifiable data early: Examples include revenue growth linked to the employee’s innovations, patents currently in use by industry, and evidence of products launched under the beneficiary’s leadership, as applicable.
- Build a compelling narrative of U.S. benefit: Show how the employee’s work advances the U.S. on a national scale, not just within their company.
- Plan for an RFE: Assume USCIS will probe more third party evidence and be ready with updated citations, expanded press coverage from reputable outlets, and letters that connect achievements directly to a measurable impact.
In short, while the EB-1 immigrant category remains a powerful option for securing permanent residence for top talent, the regulatory standard itself has not changed, yet USCIS has increasingly required a more rigorous and enhanced demonstration of the EB-1 criteria in practice. As a result, it is no longer sufficient to simply demonstrate excellence on paper; petitioners must now provide more comprehensive, well-documented evidence that clearly meets each element of the EB-1 framework. USCIS expects objective, verifiable evidence of influence and innovation. Employers who understand this trend and build petitions accordingly will be better positioned to navigate heightened scrutiny and successfully secure permanent residence for their most critical employees.
Conclusion
As USCIS intensifies its scrutiny across employment-based visa categories, employers can no longer rely solely on traditional approaches or assume that strong resumes and recommendation letters will be sufficient. Success now requires petitions that are meticulously prepared, evidence-driven, and aligned with evolving adjudication standards and policy priorities. By dedicating the necessary time and resources to build robust filings—whether for H-1B, L-1B, EB-1 EA, or EB-2 NIW—employers can improve their chances of approval, retain critical talent, and maintain a competitive edge in today’s global marketplace.
[1] https://www.uscis.gov/newsroom/news-releases/uscis-to-mandate-electronic-payments-for-applications
[2] https://www.aila.org/library/practice-alert-uscis-rejections-rfes-and-potential-denials-for-valid-signature
[3] https://www.aila.org/library/practice-alert-uscis-rejections-rfes-and-potential-denials-for-valid-signature; https://www.linkedin.com/posts/scott-decker-678a433_uscis-requires-wet-signatures-on-forms-activity-7370822453721452544-MUei/
[4]https://www.uscis.gov/tools/reports-and-studies/immigration-and-citizenship-data (statistics show L-1B RFE rates are at 25% in 2025 for Quarter 3).
[5] https://www.dhs.gov/ai/use-case-inventory/uscis (see tab “USCIS Translation Service (DHS-2305)).
[6] https://www.whitehouse.gov/presidential-actions/2025/01/unleashing-american-energy/
[7] https://www.aila.org/library/practice-alert-eb-1a-eb-1b-and-eb-2-niw-adjudication-trend
