H-1B Denials Skyrocket

Forbes is reporting that U.S. Citizenship and Immigration Services (USCIS) is denying petitions for H-1B visas at historically high rates. The denial rate for new H-1B visa petitions for initial employment is at 24% as of the third quarter of FY 2019. This is four times higher than the initial denial rate for these visas in FY 2015, which was six percent. Between FY 2010 and FY 2015, the denial rate never rose above eight percent.

One of the types of companies that have been most hard hit by these skyrocketing visa denial rates is information technology (IT) services companies. Some evidence suggests that USCIS has singled out these companies for an unusually high level of scrutiny. A recent study showed that 12 of the 27 IT companies analyzed had H1-B visa denial rates of 30% or more, in contrast to denial rates ranging from two to seven percent in 2015.

H-1B Denials Skyrocket

Based on the latest data from USCIS, denial rates are highest for initial H-1B visa petitions or those that are requesting a visa for new or new concurrent employment. However, denial rates for continuing H-1B visa petitions also have increased. Continuing petitions, such as those that extend a visa for continuing work with the same employer, changes in the employer, and amended petitions. These visas typically are used for the same employees that USCIS previously approved for visas. As of the third quarter of FY 2019, the denial rate for continuing petitions was 12%, as opposed to being three percent in FY 2015 and five percent in FY 2017.

Whatever your situation may be, you will need skilled legal assistance to work toward a resolution of your immigration matter. The Texas immigration attorneys of Peek & Toland know how to help you navigate through the maze of immigration forms, regulations, and policies, and get the relief that you need. Take the first step today and secure the future of your family in the U.S. Contact our office today and set up an evaluation with one of our highly skilled Texas immigration lawyers.

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