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Original Date Announced
April 1, 2019USCIS denies new H-1B visa petitions at a significantly higher rate, up from 6% in FY 2015 to 32% in the first quarter of FY 2019 for petitions for initial employment. USCIS also denies petitions for existing H-1B visa holders at a significantly higher rate, up from 3% in FY 2015 to 18% in the first quarter of FY 2019. [ID #553]
USCIS Non-Immigrant Worker RFE DataBiden Administration Action: Revoked/Replaced
September 30, 2021This Biden administration policy reverses the Trump-era policy identified in this entry.
Data released by USCIS indicates that denial rates for H-1B petitions (Form I-129) dropped in FY 2021, far lower than the denial rates in FY 2018, FY 2019 and in FY 2020.
Go to article on uscis.govCurrent Status
Partially in effectMost Recent Action
September 30, 2021 Action: Revoked/ReplacedSeptember 30, 2021Acted on by Other
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Change in PracticeSubject Matter: Non-Immigrant Visas: Employment-BasedAgencies Affected: USCISAssociated or Derivative Policies
Commentary
IT Consulting Firms Trying to Force Litigation of H-1B Denials
Go to articleCurrent H-1B Visa Policies Darken IT Talent Outlook
Go to articleNew Data Show H-1B Denial Rates Reaching Highest Levels
Go to articleNational 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 articleTech firms cheer smoother visa sailing
Axios reports that the H-1B denial rate for 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.
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