Data from USCIS Show Increase In Denials for New H-1B Petitions

Practice Areas

By: Angelita Chavez-Halaka, Armando Escobedo, Gladys Gervacio

SUMMARY

Data provided by USCIS in its new H-1B Employer Data Hub demonstrate denial rates have significantly increased for initial employment H-1B petitions from Fiscal Years (FY) 2015 to FY 2019:

FISCAL YEAR

DENIAL RATE

FY 2019

33%

FY 2018

24%

FY 2017

13%

FY 2016

10%

FY 2015

6%

*FY 2019 data through the second quarter of FY 2019. Percentages are rounded off. Data extracted and analyzed from USCIS H-1B Employer Data Hub.

What is the USCIS H-1B Employer Data Hub?

On April 1, 2019, USCIS introduced the H-1B Employer Data Hub. It aims to increase transparency and provide information to the public on employers petitioning for H-1B workers. The H-1B Employer Data Hub provides information based on the following:

  • Fiscal year
  • Employer name
  • City state
  • Zip code
  • NAICS code

Why the Increase in Denials?

Several USCIS policies based on the April 18, 2017 Executive Order to Buy American and Hire American (BAHA) have had an impact on the adjudication of H-1B petitions. The BAHA Executive Order directs USCIS to issue new rules and guidance to protect the interests of US workers.

What CAn Employers Do?

  • Collect and submit all required initial evidence when submitting applications
  • Read forms and instructions carefully
  • Consult with your Immigration Attorney to clarify questions regarding the documentation and evidence

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