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Report that USCIS has increased rates of RFEs and denials of H-1B and L-1 petitions.

  1. Original Date Announced

    July 25, 2018

    Buy 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 Administration
  2. Effective Date

    July 25, 2018
  4. Biden Administration Action: Modified

    September 30, 2021

    Denial 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 Document

Current Status

Partially in effect
September 30, 2021
Acted on by Other

Original Trump Policy Status

Status: Reported
Trump Administration Action: Change in Practice
Agencies Affected: USCIS


  • 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
  • National 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 article


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