Kailash Kumar
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U.S.: Sharp increase in denials of H-1B visas because of new policy introduced in 2017
April 2019
From the policy brief of the National Foundation for American Policy.
EXECUTIVE SUMMARY
Denial rates for H-1B petitions have increased significantly, rising from 6% in FY 2015 to 32% in the first quarter of FY 2019 for new H-1B petitions for initial employment, according to a National Foundation for American Policy (NFAP) analysis of U.S. Citizenship and Immigration Services (USCIS) data. Between FY 2015 and FY 2018 the denial rate for new H-1B petitions quadrupled from 6% to 24%. To put this in perspective, between FY 2010 and FY 2015, the denial rate for initial H-1B petitions never exceeded 8%, while today the rate is 3 or 4 times higher.
Denials have increased because USCIS and its adjudicators have raised the standard of proof for approving an H1B petition without any new law or regulation that would permit the agency to do so legally, according to attorneys and employers. The new policies began in April 2017, after Donald Trump issued the “Buy American and Hire American” executive order. The policies and its results indicate the term “merit-based” immigration is more a rhetorical device aimed at gaining support to reduce family admissions, rather than a set of policies designed to facilitate high-skilled immigration. An H-1B visa is generally the only practical way for a high-skilled foreign national, including a recent international student, to work long-term in the United States.
Denial rate of H-1B petitions for initial (new) employment
Denial rate for H-1B petitions for continuing employment
Source and full report:
https://nfap.com/wp-content/uploads...-and-Present.NFAP-Policy-Brief.April-2019.pdf
April 2019
From the policy brief of the National Foundation for American Policy.
EXECUTIVE SUMMARY
Denial rates for H-1B petitions have increased significantly, rising from 6% in FY 2015 to 32% in the first quarter of FY 2019 for new H-1B petitions for initial employment, according to a National Foundation for American Policy (NFAP) analysis of U.S. Citizenship and Immigration Services (USCIS) data. Between FY 2015 and FY 2018 the denial rate for new H-1B petitions quadrupled from 6% to 24%. To put this in perspective, between FY 2010 and FY 2015, the denial rate for initial H-1B petitions never exceeded 8%, while today the rate is 3 or 4 times higher.
Denials have increased because USCIS and its adjudicators have raised the standard of proof for approving an H1B petition without any new law or regulation that would permit the agency to do so legally, according to attorneys and employers. The new policies began in April 2017, after Donald Trump issued the “Buy American and Hire American” executive order. The policies and its results indicate the term “merit-based” immigration is more a rhetorical device aimed at gaining support to reduce family admissions, rather than a set of policies designed to facilitate high-skilled immigration. An H-1B visa is generally the only practical way for a high-skilled foreign national, including a recent international student, to work long-term in the United States.
Denial rate of H-1B petitions for initial (new) employment
Denial rate for H-1B petitions for continuing employment
Source and full report:
https://nfap.com/wp-content/uploads...-and-Present.NFAP-Policy-Brief.April-2019.pdf
