Original Date AnnouncedJanuary 2, 2019
New 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 Data
Effective DateJanuary 2, 2019
Biden Administration Action: ModifiedSeptember 30, 2021
USCIS 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 Document