New Data Show H-1B Denial Rates Reaching Highest Levels

[JollyBoy]

4 minutes ago, tacobell fan said:

nuvvu kuda safe ee ga 

ne antha safe epudu aitam va

[summer27]

41 minutes ago, perugu_vada said:

2022 dhaaka no worries naku 

Are you in India or US now?

[perugu_vada]

1 minute ago, summer27 said:

Are you in India or US now?

US 

[boeing747]

Not surprising...bound to increase 

[kothavani]

1 hour ago, tacobell fan said:

When U.S. Citizenship and Immigration Services (USCIS) introduced its H-1B Employer Data Hub skeptics assumed the agency hoped to generate negative attention toward companies and H-1B visa holders. However, it turns out analyzing the data in the hub reveals something USCIS might not have anticipated – evidence the agency is denying H-1B petitions at such a high level compared to previous years that it is clear to attorneys USCIS has acted without proper legal authority in restricting H-1B visas.

“Denial rates for H-1B petitions have increased significantly, rising from 6% in FY 2015 to 32% in the first quarter of FY 2019 for new H-1B petitions for initial employment,” according to a National Foundation for American Policy (NFAP) analysis of USCIS data in the H-1B Employer Data Hub. “Between FY 2015 and FY 2018 the denial rate for new H-1B petitions quadrupled from 6% to 24%. To put this in perspective, between FY 2010 and FY 2015, the denial rate for initial H-1B petitions never exceeded 8%, while today the rate is 3 or 4 times higher.”

Table 1: Denial Rate of Initial H-1B Petitions
FISCAL YEAR	DENIAL RATE
FY 2019*	32%
FY 2018	24%
FY 2017	13%
FY 2016	10%
FY 2015	6%
FY 2014	8%
FY 2013	7%
FY 2012	5%
FY 2011	7%
FY 2010	8%
FY 2009	15%
Source: USCIS H-1B Employer Data Hub, National Foundation for American Policy.	*Through first quarter of FY 2019.

The statistics on H-1B denials, particularly the spike upwards in denials since 2017, raise both legal and policy questions. “One thing that is clear to me is that the data backs up what employers have been saying for the last two years: USCIS has raised the legal standard they use to decide whether enough evidence has been presented with petitions to approve them, without any legal authority to do so and without any notice to the public,” said William Stock, a founding member of Klasko Immigration Law Partners, LLP, who reviewed the data at my request. “The rise in the denial rate for continuing employment, where existing H-1B workers whose petitions have been approved before, show that adjudicators are applying a new standard to people whose petitions have already been approved before.”Attorneys and employers believe denials have increased because USCIS and its adjudicators have raised the standard of proof for approving an H-1B petition without any new law or regulation that would permit the agency to do so legally, notes the NFAP analysis. In April 2017, Donald Trump issued the “Buy American and Hire American” executive order, which attorney Vic Goel, managing partner of Goel & Anderson, said in an interview has been used to “upend years of established practice, including rescinding long-standing policies on what occupations qualify for H-1B visas.”

Anna h1renewal in process shivering and fingers crossed 😢

[Prince_Fan]

Just now, kothavani said:

Anna h1renewal in process shivering and fingers crossed 😢

Evc model aa 

[DesamKosam]

1 hour ago, tacobell fan said:

When U.S. Citizenship and Immigration Services (USCIS) introduced its H-1B Employer Data Hub skeptics assumed the agency hoped to generate negative attention toward companies and H-1B visa holders. However, it turns out analyzing the data in the hub reveals something USCIS might not have anticipated – evidence the agency is denying H-1B petitions at such a high level compared to previous years that it is clear to attorneys USCIS has acted without proper legal authority in restricting H-1B visas.

“Denial rates for H-1B petitions have increased significantly, rising from 6% in FY 2015 to 32% in the first quarter of FY 2019 for new H-1B petitions for initial employment,” according to a National Foundation for American Policy (NFAP) analysis of USCIS data in the H-1B Employer Data Hub. “Between FY 2015 and FY 2018 the denial rate for new H-1B petitions quadrupled from 6% to 24%. To put this in perspective, between FY 2010 and FY 2015, the denial rate for initial H-1B petitions never exceeded 8%, while today the rate is 3 or 4 times higher.”

Table 1: Denial Rate of Initial H-1B Petitions
FISCAL YEAR	DENIAL RATE
FY 2019*	32%
FY 2018	24%
FY 2017	13%
FY 2016	10%
FY 2015	6%
FY 2014	8%
FY 2013	7%
FY 2012	5%
FY 2011	7%
FY 2010	8%
FY 2009	15%
Source: USCIS H-1B Employer Data Hub, National Foundation for American Policy.	*Through first quarter of FY 2019.

The statistics on H-1B denials, particularly the spike upwards in denials since 2017, raise both legal and policy questions. “One thing that is clear to me is that the data backs up what employers have been saying for the last two years: USCIS has raised the legal standard they use to decide whether enough evidence has been presented with petitions to approve them, without any legal authority to do so and without any notice to the public,” said William Stock, a founding member of Klasko Immigration Law Partners, LLP, who reviewed the data at my request. “The rise in the denial rate for continuing employment, where existing H-1B workers whose petitions have been approved before, show that adjudicators are applying a new standard to people whose petitions have already been approved before.”Attorneys and employers believe denials have increased because USCIS and its adjudicators have raised the standard of proof for approving an H-1B petition without any new law or regulation that would permit the agency to do so legally, notes the NFAP analysis. In April 2017, Donald Trump issued the “Buy American and Hire American” executive order, which attorney Vic Goel, managing partner of Goel & Anderson, said in an interview has been used to “upend years of established practice, including rescinding long-standing policies on what occupations qualify for H-1B visas.”

Outsourcing conpanies ni em peekalekapotunna USCIS. Still they are paying 60-70k range and getting approvals for testing job with fake job title.

[tacobell fan]

 

 

[kothavani]

14 minutes ago, Prince_Fan said:

Evc model aa 

No FTE , CA . But there are few cases some of the colleagues are getting RFE

[tacobell fan]

12 minutes ago, DesamKosam said:

Outsourcing conpanies ni em peekalekapotunna USCIS. Still they are paying 60-70k range and getting approvals for testing job with fake job title.

Just check above one. They want to target mestri's clearly. 

[tacobell fan]

50 minutes ago, JollyBoy said:

ne antha safe epudu aitam va

etta etta

[AlaElaAlaEla]

12 minutes ago, DesamKosam said:

Outsourcing conpanies ni em peekalekapotunna USCIS. Still they are paying 60-70k range and getting approvals for testing job with fake job title.

not entirely true 

mana witch companies tremendously increased base salary in recent times anta...heard from few folks 

 60k-70k may be in some remote areas.

[tacobell fan]

1 minute ago, AlaElaAlaEla said:

not entirely true 

mana witch companies tremendously increased base salary in recent times anta...heard from few folks 

 60k-70k may be in some remote areas.

Yes, chinnu ki $120k @Capgemini  ani ninna @Prince_Fan confirmed

[LastManStanding]

17 minutes ago, AlaElaAlaEla said:

not entirely true 

mana witch companies tremendously increased base salary in recent times anta...heard from few folks 

 60k-70k may be in some remote areas.

ledu bro, konni companies and konni technologies ke

[tacobell fan]

1 minute ago, LastManStanding said:

ledu bro, konni companies and konni technologies ke

Avg 80-90k min istunnaru for sure.