Visa Petition Denials

USCIS Visa Petition Denials on the Rise

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 significantly higher 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.