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Original Date Announced
July 25, 2018Buy American, Hire American (BAHA) Executive Order and related policies have led to higher rates of requests for evidence and denials of H-1B and L-1 petitions, according to a report by the National Foundation for American Policy (NFAP). [ID #519]
NFAP Policy Brief: H-1B Denials and Requests for Evidence Increase Under Trump AdministrationEffective Date
July 25, 2018Biden Administration Action: Modified
September 30, 2021Denial and RFE Data
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 L visa petitions, though overall the percentage of L approvals remains lower than when President Trump first took office.
View DocumentCurrent Status
Partially in effectMost Recent Action
September 30, 2021 Action: Modified Denial and RFE DataSeptember 30, 2021Acted on by Other
Original Trump Policy Status
Status: ReportedTrump Administration Action: Change in PracticeSubject Matter: Non-Immigrant Visas: Employment-BasedAgencies Affected: USCISAssociated or Derivative Policies
Commentary
Tech 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.comNational Foundation for American Policy Brief on H-1B Denial Rates in FY 2021
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 articleNFAP 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 article