Numbers Show Dramatic Increase of H-1B Denials

06/19/2019

U.S. Citizenship and Immigration Services (USCIS) recently published data that highlighted the overall approvals and denials that the USCIS issued to the top 30 companies that sponsor H-1B visas.

H-1B visas are specifically reserved for highly educated foreigners with specialized skills who are recruited by US companies for their exclusive abilities. These individuals are usually extremely qualified and harbor a significant amount of experience in their field. Accordingly, in applying for the H-1B category, they’re required to present their case and provide evidence of their exceptional qualifications and potential job offers to be allowed residency into the country. The American economy relies on these foreign workers to be the backbone of many of our top companies. In 2016, for example, Fortune Magazine reports that 20 U.S. companies sponsored a whopping 37% of their total workers, and that of the top 30 organizations that sponsored most of the H-1B’s in the country, more than one third were Fortune 500 companies. So these are highly skilled workers that are extremely important for the top American companies, which ultimately makes them important for the American economy itself.

Recently, however, the USCIS approval and denial statistics for H-1B visas shows us that there has been a noticeable decline in H-1B approvals. More and more H-1B petitions are being challenged every month in comparison to the statistics of the previous year. The way the USCIS challenges a petition is that after the initial submission, they will send a Request For Evidence (RFE) letter asking the petitioner to display further evidence of their qualifications. We have been seeing a steady trend of increases in the amount of RFE’s sent out each month. For example, in the period from January to March of 2018, a monumental 48% of cases were returned back to the petitioner with a further request for evidence. This is colossal jump from the just 18% of cases that were reported to have received an RFE throughout 2015, 2016, and 2017. So in just one year, the amount of RFEs issued increased by nearly 30%, making it extremely difficult for applicants to keep up with the growing demands of the USCIS.

In contrast, we see a sharp decrease in H-1B petitions that are being accepted after the RFE is issued. Throughout 2015, 2016, and 2017, the statistics clearly show that the percentage of applications approved after an RFE was issued hovered around 70-80%. That percentage is typical and reflective of the trend of acceptances over the past decade. However, in 2018, the average of H-1B acceptances evidently dropped to about 60%. So not only are more RFEs being issued than ever before, but more of the responses to these RFEs are being denied now more than ever before. This is a significant concern for American companies, especially the top 30 companies who rely on H-1B immigration visas, which are reflected by in this graph, because a significant number of their workers are being denied entry to the country or prolonged in their acceptance processes by RFEs.

So the pressing question is, what’s responsible for these changes in the recent trends of H-1B approvals and denials? The answer to this question is unequivocally the recent immigration policies that have been put in place by President Trump. Jessica Collins, a spokeswoman for USCIS linked the changes in the recent H-1B trends to the President’s executive order which called to “Buy American and Hire American”. She explicitly said that the goal was to reduce “frivolous petitions” and that “it is incumbent upon the petitioner, not the government” to prove eligibility. However, with the executive order’s goal being to depress the employment of foreign immigrants and increase domestic employment, it’s clear that the increases in RFEs and their denials are really just a tactic to frustrate employers from hiring foreign nationals by blocking their avenues to acceptance.

The future trends for H-1B approvals and denials are not too bright. USCIS graph shows that close to 60% of all H-1B petitions are expected to be hit with RFE in the 2019 October-December period. This is unprecedented in the recent history of the immigration field, and it will cause an uproar of concern for foreign nationals looking to enter into the country on an H-1B visa. Furthermore, the projections show that the trend of only accepting a 60% of RFE responses will continue to hold throughout October-December 2019.

However, all hope is not lost. Our law firm has seen considerable success in applying for H-1B visas despite the recent trends and waves of RFEs being sent out. We have a tailored formula and validated method to help our clients maneuver through the increasing challenges posed to them by the USCIS and the Trump Administration. While we remain cautious through the uncertain changes of the immigration process, we certainly do not discourage anyone from applying for the H-1B visa. With expert help and a well-prepared petition, our experienced attorneys can help anyone be accepted under the category. So don’t give up yet, as long as there is still an avenue open for foreign workers to obtain a visa, there is always a way to be accepted!

Jing Feng Law Group PLLC provides full range immigration legal services to education/research institutions, the private sector, and to individuals and families. Our lawyers have over 30 years of U.S. immigration services. We specialize in non-immigrant employment based visa and in science and technology visa immigrations such as: EB-1A, EB-1B, EB-1C, NIW, PERM, H-1B, L-1, and O-1. Contact us today. Website: https://www.fengvisa.com/ Email: info@fengvisa.com Tel: 646-288-7129

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