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USCIS denies H-1B petitions at higher rates

  1. Original Date Announced

    April 1, 2019

    USCIS 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 Data
  2.  
  3. Biden Administration Action: Revoked/Replaced

    September 30, 2021

    This 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.gov

Current Status

Partially in effect

Most Recent Action

September 30, 2021 Action: Revoked/Replaced
September 30, 2021
Acted on by Other

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Change in Practice
Agencies Affected: USCIS

Commentary

  • IT Consulting Firms Trying to Force Litigation of H-1B Denials

    Go to article
  • Current H-1B Visa Policies Darken IT Talent Outlook

    Go to article
  • New Data Show H-1B Denial Rates Reaching Highest Levels

    Go to article
  • 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
  • Tech 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.com
  • NFAP 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

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