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

Practice Areas

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


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:



FY 2019


FY 2018


FY 2017


FY 2016


FY 2015


*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

Stay Updated

To learn more about changes to USCIS policies, guidance and regulations, or to subscribe to our newsletter, please email us at We also encourage you to share this and other alerts with others who might benefit from its content.

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