FY2026 H-1B Petitions & RFE: Essential Tips for Success

The FY2026 H-1B lottery results were released just last week, marking the start of the next crucial phase—petition preparation, which runs through June 30, 2025. Congratulations to those who were selected! While this is an exciting milestone, it's important to remember that selection alone doesn’t guarantee approval. During the Trump administration, H-1B approval rates plummeted, with denial rates exceeding 30% in FY2018. And now, with the H-1B program reform implemented in January 2025, the bar for qualification has risen again—introducing stricter standards for specialty occupation definitions and employer - employee relationship documentation. In today’s environment, a well-prepared petition is more important than ever. 

Today, we aim to discuss how to effectively prepare an H-1B petition, handle Requests for Evidence (RFEs), and understand the expected timeline. As experts in Day 1 CPT, we will also provide insights for those who have utilized Day 1 CPT, highlighting key considerations if you secured your H-1B while still attending a Day 1 CPT institution.

This guide will walk you through:

• Strategies for building a strong H-1B petition

• RFE risks and how to handle them effectively

• Extra documentation tips for Day 1 CPT students

• Realistic timelines and success rates

Section 1: Building a Strong H-1B Petition

1. Prove the Job is a Specialty Occupation

To qualify for an H-1B, the role must require a bachelor's degree or higher in a specific field. USCIS often challenges vague or generalized job descriptions. 

This is particularly important this year following the H1B reform implemented in January, which heavily emphasized the requirement for specialty occupations.

What to include:

• A detailed job description that clearly ties duties to a specific academic discipline

• Industry salary surveys or the Occupational Outlook Handbook (OOH) references

• Comparable job postings showing the same degree requirements at peer companies

2. Choose the Right SOC Code

The SOC (Standard Occupational Classification) code affects specialty occupation criteria and prevailing wage levels.

Best practices:

• Use an SOC code that accurately reflects the duties (e.g., 15-1132 for software developers)

• Avoid generic roles like “Management Analyst” unless justified

• Align wage level to experience and location

3. Demonstrate Employer-Employee Relationship

If the job involves remote work or third-party client sites (common for consulting firms), expect scrutiny.

What helps:

• A clear employment contract

• Itinerary of assignments, supervision plan, and client letters

• Organizational charts showing reporting structure

4. Prove Ability to Pay

Employers must show they can pay the offered wage through the entire H-1B validity period.

Suggested documents:

• Tax returns, W-2s, or payroll records

• Financial statements

• Business contracts or investor letters (for startups)

Section 2: Special Considerations for Day 1 CPT Students

Many international students opt for Day 1 CPT (Curricular Practical Training) programs after their OPT ends or when seeking continued work authorization.

Although legal and frequently necessary, the usage of Day 1 CPT can trigger concerns in H-1B adjudications, depending on the reviewing officer's political stance. The main concern is maintaining your F-1 status. As long as you adhere to your Day 1 CPT university's rules and fulfill all F-1 student obligations, you should be in compliance.

What USCIS May Question:

• Was the CPT part of the student’s curriculum?

• Was the student attending classes regularly (hybrid format compliance)?

• Was there a “status violation” due to working full-time without proper authorization?

Key Documentation Day 1 CPT Applicants Should Prepare:

1. Full academic transcripts showing continued enrollment and course progression

2. CPT authorization letters from the DSO for each term

3. Proof of hybrid learning – include course syllabi, attendance logs, and travel records for on-site sessions

4. Program brochure or catalog that explains CPT integration into the curriculum

5. Statements from school officials affirming lawful CPT participation

6. Pay stubs or offer letters showing the CPT job aligned with the student’s field of study

🔎 Pro Tip: If your CPT record looks irregular (e.g., CPT from multiple schools or abrupt transfers), consult an immigration attorney before H-1B filing.

Section 3: Dealing With RFEs (Requests for Evidence)

Receiving an RFE is not a denial. It’s a second chance. RFEs are issued in ~25–35% of cases annually, often due to the issues below.

Common RFE Reasons:

• Vague job description (Specialty Occupation)

• Weak SOC code choice

• Employer-employee relationship concerns

• Degree mismatch

• CPT usage concerns (especially for Day 1 CPT students)

Winning RFE Strategies:

1. Review the RFE Carefully
   Understand what USCIS is specifically questioning and gather tailored evidence.

2. Craft a Targeted Response

   • Provide a strong employer support letter

   • Submit third-party expert opinion letters

   • Clarify any CPT usage or degree equivalency issues

   • If Day 1 CPT is involved, submit travel logs, class schedules, and hybrid format confirmation

3. Meet the Deadline
   RFEs usually allow 60–90 days for response. Submit early if possible. Accuracy and thorough documentation are essential.

Section 4: H-1B Petition & RFE Timeline (FY2026 Example)

🔔 If you’re using Day 1 CPT, your records should be up to date and accessible before filing.

What Are the Chances of Approval After an RFE?

Historically, well-prepared RFE responses see approval rates between 65–85%, especially when supported by:

• Strong documentation

• Legal representation

• Expert letters and real-world evidence

But CPT-based RFEs tend to have lower success rates unless airtight compliance is demonstrated.

Final Thoughts

For international students, H-1B filing is high stakes. By planning ahead, gathering the right documents, and addressing potential risks early, you can improve your odds and move forward with confidence.