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H-1B visa denials continue to mount for companies

U.S. Citizenship and Immigration Services (USCIS) continues to deny H-1B visas at high rates, including for high-skilled foreign nationals sponsored by many of the best companies in the world, according to a new analysis. The overall trend for businesses under the Trump administration is to make life more difficult for businesses hiring foreign-born scientists and engineers. A recent court settlement may result in lower denial rates for companies later this year.

“Analyzing data through the second quarter of FY 2020 finds companies continue to be denied at much higher rates than in the years prior to when Donald Trump became president and instituted new policies,” according to a new analysis from the National Foundation for American Policy. The report, based on USCIS data from the H-1B Employer Data Hub, focused on H-1B petitions for “initial” employment, which are used primarily for new employment, typically a case that would count against the H-1B annual limit.

Among the findings in the new analysis:
“All the top 25 employers of new H-1B professionals had higher denial rates for H-1B petitions for initial employment in FY 2020 (through the second quarter) than in FY 2015. (These are the top 25 companies with the most new H-1B petitions approved for initial employment in FY 2019.)

“20 of the 25 top companies had H-1B denial rates for initial employment at least 10 percentage points higher in FY 2020 (through the second quarter) than in FY 2015. That includes large technology companies such as Cisco and Google.

“The highest denial rates continue to be for companies that provide information technology or other business services to American companies. The data indicate USCIS has established a different standard for deciding cases for companies that provide information technology (IT) services. Immigration law does not have a different standard for adjudications based on the type of firm or the location work will be performed. Forbes

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