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Original Date Announced
January 2, 2019New data from USCIS shows the following: 1. Between FY 2015 and FY 2018, the rate of approvals fell and the rate of requests for evidence rose for H-1B, L-1, TN and O petitions filed at USCIS Service Centers. 2. H-1B employers in the IT consulting industry saw higher than average denial rates, consistent with increasingly stringent policies at USCIS. 3. Though the rate of RFEs and denials has been increasing for several immigration categories since the Obama Administration, there was a significant uptick in the wake of the Trump Administration’s Buy American, Hire American executive order. [ID #545]
USCIS Non-Immigrant Worker RFE DataEffective Date
January 2, 2019Biden Administration Action: Modified
September 30, 2021USCIS Non-Immigrant Worker RFE Data through FY21
This Biden administration policy modifies the Trump-era policy identified in this entry.
Data released by USCIS indicates that denial rates for H-1B petitions dropped in FY 2021, far lower than the denial rates in FY 2018, FY 2019 and in FY 2020. The data also reveals that denials decreased for O and L visa petitions, though overall the percentage of approvals remains lower than when President Trump first took office. For TN visas petitions, approvals were lower in FY21 than in FY20.
View DocumentCurrent Status
Partially in effectMost Recent Action
September 30, 2021 Action: Modified USCIS Non-Immigrant Worker RFE Data through FY21September 30, 2021Acted on by Other
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Data and ReportsSubject Matter: Non-Immigrant Visas: Employment-BasedAgencies Affected: USCISAssociated or Derivative Policies
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
USCIS Non-Immigrant Worker RFE Data
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Commentary
- Commentary
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Commentary
Original Source:
NFAP Policy Brief: H-1B Petitions And Denial Rates In FY 2022
Commentary
Fragomen: Employers See More RFEs and Denials, USCIS Data Confirm
Go to articleNational Foundation American Policy Brief
The National Foundation for American Policy conducted an analysis of USCIS data and found that denial rates for new H-1B petitions for initial employment in FY 2021 dropped to 4%, far lower than the denial rate of 24% in FY 2018, 21% in FY 2019 and 13% in FY 2020.
Go to articleTech firms cheer smoother visa sailing
Axios reports that the H-1B denial rate for FY 2021 dropped to an all-time low, marking a shift from the high denial rates seen during the Trump administration.
Go to article on axios.comNFAP Policy Brief: H-1B Petitions And Denial Rates In FY 2022
A report issued by the National Foundation for American Policy (NFAP) asserts that H-1B denial rates have returned to low levels following the Trump administration’s losses in federal court during Donald Trump’s last year in office. The denial rate for (new) H-1B petitions for initial employment was 24% in FY 2018, 21% in FY 2019 and 13% in FY 2020. This dropped to 4% in FY 2021 after a legal settlement and changes that were made to restrictive immigration policies. The FY 2022 denial rate was reported at 2%. This decline in denial rates means that the low annual limit for H-1B petitions is the main problem facing employers trying to secure foreign-born talent.
Go to articleIT Consulting Firms Trying to Force Litigation of H-1B Denials
Go to article on news.bloomberglaw.com