According to H-1B Employer Data Hub, introduced by U.S. Citizenship and Immigration Services (USCIS), the rate of denial of H-1B petitions is at a very high level compared to last year’s figure.
When H-1B data was introduced, there were fears that it will generate negative attention towards firms and individuals with H-1B visa holders, but it has now proven to be very vital perhaps more than anticipated by USCIS itself. The data shows that USCIS denies an H-1B visa at a rate that is obviously without legal authority.
According to an analysis of USCIS data by a National Foundation for American Policy (NFAP), the rate of H-1B visa denial in the first quarter of 2019 is at an alarming 32% compared to the 5% seeing in the first quarter of 2015.
The denial rate for new H-1B petitions quadrupled between FY 2015 and FY 2018 from 6% to 24% according to the analysis. This is a stark contrast compared to what was obtainable between 2010 and 2015 when the rate of denial of H-1B petitions did not go beyond 8%.
Standard of Proof
According to attorneys and employers, the reason for the jump in denial rate is the increased standard of proof put in place by USCIS and its adjudicators. They said the new standard of proof for the approval of H-1B petition is not backed by any new law or regulation.
Managing partner of Goel & Anderson, attorney Vic Goel, said some of the policies of Mr. Trump’s administration, for example, the “Buy American and Hire American” executive order of 2017, have had serious effects on H-1B visas.
High skilled foreign nationals and international students are able to work long term in the US by getting the H-1B visa.
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