H-1B Visa Denials Continue

According to a new analysis, ” USCIS continues to deny H-1B visas at high rates, including for high-skilled foreign nationals sponsored by many of the best companies in the world.”

Trump administration is making life more difficult for businesses to hire foreign-born scientists and engineers.

The highest denial rates continue to be for companies that provide IT or other business services to US companies. USCIS has established a different standard for deciding cases for companies that provide IT services. Immigration law does not have a different standard for adjudications based on the type of firm or the location work that will be performed.

USCIS recently released data for the 3rd quarter that showed an overall H-1B denial rate of only 4.1%, but according to Forbes the denial rate for H-1B petitions for initial employment for the quarter because USCIS combined initial and continuing cases.

The denial rate for H-1B petitions for initial employment increased from 6% in FY 2015, before Donald Trump took office, to 29% through the second quarter of FY 2020. Given the Trump administration is blocking the entry of the most highly skilled foreign-born individuals who apply for visas – on O-1 and H-1B – it is not clear if Trump officials will still say that the administration favors “merit-based” immigration.