Effective strategies for responding to Requests for Evidence (RFEs) on H-1B amendments, especially post-April 2026.
Receiving a Request for Evidence (RFE) for an H-1B amendment can be stressful, particularly with the new Form I-129 and updated wage rules in effect since April 2026. This guide provides actionable strategies to address common RFE triggers related to location and duty changes.
| Feature | Data Point | Trend vs 2025 |
|---|---|---|
| New Form I-129 Mandatory | April 2026 | New |
| Amazon H-1B Filings | 55,150 | ↑ 8% |
| Microsoft H-1B Filings | 34,626 | ↑ 5% |
| PERM Processing Time | 503 days | ↔ Stable |
| Social Media Vetting Expansion | March 30, 2026 | New Policy |
Our review of RFE patterns for H-1B amendments indicates that USCIS is scrutinizing the alignment between the original LCA, the amended petition, and the actual work performed, especially concerning location and duties. The new I-129 form's emphasis on accurate wage data means RFEs often probe the justification for the prevailing wage and the precise nature of the job duties under the new conditions.
For location-based RFEs, provide detailed evidence of the new worksite's address and confirm it falls within the original LCA's geographical area or justify why an amendment was filed. For duty-based RFEs, submit updated job descriptions, organizational charts, and evidence of the new responsibilities, clearly linking them to the prevailing wage determination under the new I-129 rules.
The introduction of the new Form I-129 in April 2026 has led to increased scrutiny on H-1B amendments, resulting in more RFEs. Common triggers include insufficient documentation for location changes or vague descriptions of new job duties. Employers must provide robust evidence demonstrating that the amended petition accurately reflects the employee's work environment and responsibilities, aligning with the updated wage determination standards.
Strategies for responding to RFEs should focus on clarity and comprehensive documentation. This includes providing updated LCAs, detailed job descriptions, and evidence supporting the prevailing wage calculation under the new rules. Companies with a strong history of successful amendment filings, like Amazon and Microsoft, often have well-established processes for handling such requests.
- **Amazon:** With 55,150 H-1B filings in 2026, Amazon's amendments are frequently scrutinized. RFEs might arise if a new work location isn't clearly defined or if the new duties aren't precisely aligned with the updated wage structure. - **Microsoft:** Filing 34,626 H-1B petitions in 2026, Microsoft may receive RFEs on amendments if the justification for a change in job duties or location lacks sufficient supporting documentation under the new I-129 requirements. - **Deloitte:** As a large consulting firm with 18,200 H-1B filings in 2026, Deloitte's amendments for client-site changes can trigger RFEs if the LCA doesn't accurately reflect the new work location or if the job duties shift significantly.
Q: What are common reasons for H-1B amendment RFEs after April 2026?
A: Common reasons include unclear location changes, insufficient justification for new job duties, and failure to align with the updated wage determination rules under the new I-129 form.
Q: How should I respond to an RFE about my H-1B amendment's location change?
A: Provide clear evidence of the new worksite, confirm it's within the original LCA's area, or submit a new LCA and amended petition if it's outside. Document everything meticulously.
Q: What evidence is needed for an RFE on changed job duties?
A: Submit updated job descriptions, organizational charts, and proof of the new responsibilities, demonstrating how they align with the prevailing wage under the new I-129 guidelines.
Q: Can Get Wisa help identify employers with fewer amendment RFEs?
A: While Get Wisa doesn't track RFE rates directly, it shows amendment filing history. Employers with consistent, successful filings may have more robust amendment processes.
Search thousands of verified H-1B sponsors by company, industry, and location.
Search H-1B Sponsors on Wisa →Common reasons include unclear location changes, insufficient justification for new job duties, and failure to align with the updated wage determination rules under the new I-129 form.
Provide clear evidence of the new worksite, confirm it's within the original LCA's area, or submit a new LCA and amended petition if it's outside. Document everything meticulously.
Submit updated job descriptions, organizational charts, and proof of the new responsibilities, demonstrating how they align with the prevailing wage under the new I-129 guidelines.
While Get Wisa doesn't track RFE rates directly, it shows amendment filing history. Employers with consistent, successful filings may have more robust amendment processes.