USCIS Denial Rates For H-1B Petitions Have Quadrupled

By Walter Ewing www.immigrationimpact.com//

The Trump administration, acting through U.S. Citizenship and Immigration Services (USCIS), is disrupting the process by which U.S. employers obtain work authorization for highly skilled foreign professionals.

According to a report from the National Foundation for American Policy, these changes are affecting how often H-1B petitions are denied and the length of time it takes to adjudicate them. The administration is doing this absent any changes in the law by Congress and is circumventing the federal rulemaking process. The report finds that, between Fiscal Year (FY) 2015 and the first three quarters of FY 2019, denial rates for H-1B petitions for “initial” employment for new employees have quadrupled from 6% to 24%. Denial rates for H-1B petitions for “continuing” employment (mostly for existing employees) also quadrupled from 3% to 12% over the same period.

There was a slight increase in the number of petitions approved in the third quarter of 2019. But the report explains this as a matter of timing—it’s likely that adjudicators at USCIS were approving the least difficult H-1B cases first among those selected in the April 2019 lottery. The increase, therefore, was not the result of any change in the Trump administration’s policies.

USCIS is also issuing Requests for Evidence (RFEs) for a much greater share of “completed” cases than in the past. The purpose of an RFE is to ask for additional evidence of eligibility.

In the first quarter of FY 2019, for instance, RFEs were issued for 60% of completed cases, compared to the historical average of 20%. RFEs delay the adjudication of cases and impose up to $4,500 in extra legal expenses on employers.

Most employers will not invest the time and money in an H-1B petition unless they are reasonably certain that the intended employee will qualify. This makes it even more suspect that the government is denying nearly one-quarter of all H-1B petitions and issuing RFEs in such a large number of cases.

What the Trump administration is trying to do—through agency memoranda and other policy changes—is increase the difficulty of success for any H-1B petition.

The report also points to other research which demonstrates that restrictive H-1B policies don’t automatically free up jobs for native-born workers.

Rather, such policies motivate companies to relocate operations abroad to locales where it is easier to gain access to high-skilled workers. This translates into a net loss of employment, business, and innovative capacity within the United States.

Under the Trump administration, USCIS is undermining the U.S. economy by foreclosing the employment of many qualified workers upon whom U.S. industries depend. In the final analysis, this only serves to shrink the job market for all high-skilled workers, both native-born and foreign-born.

 

Source: www.immigrationimpact.com/ 

https://www.inmigracionyvisas.com/a4607-USCIS-Denial-Rates-For-H-1B-Petitions.html

USCIS Visa Petition Denials On The Rise

By Tory Johnson

Legal immigration channels to the United States are continuing to suffer under the Trump administration. These restrictions are having an effect on employment-based immigration—particularly petitions for temporary foreign workers.

American businesses file such petitions in order to hire and retain foreign-born workers who make vital contributions to companies, industries, and the U.S. economy. 

Yet U.S. Citizenship and Immigration Services (USCIS) is denying and scrutinizing some of the most relied-upon petitions at a higher rate than in the past. USCIS data through June 2019 show a clear uptick in denials and requests for evidence (RFEs) for H-1B and L-1 petitions. 

In the first three quarters of the current fiscal year (ending October 1), USCIS denied 16.1% of initial H-1B petitions. That denial rate is nearly four times higher than it was in FY 2015. The denial rate has experienced a steady increase each year since FY 2015. USCIS denied 28% of initial L-1 petitions in the first three quarters of FY 2019. That denial rate is significantlyhigher than what it was in the past four fiscal years. 

USCIS also is issuing more RFEs, essentially asking for additional documents to confirm the validity of the application. While seeking additional evidence may seem minor, in practice RFEs may add months to an already arduous process that can hinder an employer’s ability to plan and meet business needs. 

The RFE rate for H-1B petitions has increased by 78% in the last five years, reaching almost 40% in the first three quarters of FY 2019 compared to 22 and 21% in FYs 2015 and 2016, respectively. And even when petitioners respond with additional information, increasingly USCIS maintains the denial. In FY 2019 (as of June), only 63% of H-1B petitions were approved after an RFE was issued, compared to 83% in FY 2015. 

The RFE rate for L-1 petitions is even higher, nearing 54% in the first three quarters of FY 2019. By comparison, the L-1 RFE rate was just 34% in FY 2015. Again, even after responding to the RFE, many petitions are still denied—the approval has been about 50% since FY 2017. 

USCIS denials for these groups have been increasing under the Trump administration, most noticeably after the president’s Buy American, Hire American executive order. Critics further point to changes USCIS made—without congressional involvement— that affect how the agency evaluates and adjudicates these petitions. USCIS released some information in 2018 regarding reasons for issuing denials and RFEs. The most common reason USCIS issued an RFE in 2018 for H-1B petitions was because the position did not satisfy the “specialty occupation” definition or criteria. 

The administration issued new guidance in 2018 that significantly affected the understanding of “specialty occupations.” The changes were prominent and controversial, in part due to predictions that it would further restrict U.S. businesses’ ability to hire and retain talented workers born outside the country. Many businesses are fighting these denials and pushing back on the policies enabling USCIS to adjudicate petitions with a narrow interpretation of the rules. 

While some petitions are still moving through USCIS, it is clear that rising denial rates has become a persistent trend. For many American businesses, this trend is one that fosters uncertainty and presents additional challenges to achieving their goals and contributing to the modern economy. 

Source: www.immigrationimpact.com 

https://www.inmigracionyvisas.com/a4405-USCIS-Visa-Petition-Denials-On-The-Rise.html