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Government rejects one-quarter of initial H-1B petitions

Engineering Staffing Report

Government rejects one-quarter of initial H-1B petitions

December 19, 2019
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Denials remain at high levels for H-1B visas, which are used to bring in highly skilled workers such as IT professionals on a temporary basis. US Citizenship and Immigration Services denied 24% of H-1B petitions for initial employment through the third quarter of federal fiscal year 2019, up from 6% in fiscal year 2015, according to an analysis released by the National Foundation for American Policy.

The report is an update from an initial report in April released by the foundation, which is a nonprofit, nonpartisan organization focused on public policy research.

H-1B petitions for initial employment are primarily for new employment and would count against the H-1B annual cap. The report noted the denial rate never rose above 8% in the past.

“The administration’s own data show foreign-born scientists and engineers have been targeted for new immigration restrictions,” said Stuart Anderson, executive director of the foundation and counselor to the Commissioner of Immigration and Naturalization Services under President George W. Bush.

“The term ‘merit-based’ immigration is still only a slogan,” Anderson said. “It does not reflect any administration policies to make it easier for high-skilled foreign nationals to work in the United States.”

H-1B petitions for continuing employment are also being denied at a higher rate. These petitions are usually extensions for existing employees at the same company or an H-1B visa holder changing to a new employer. USCIS denied 12% of continuing employment H-1B petitions through the first three quarters of fiscal year 2019. It had only been 3% in fiscal year 2015.

The federal fiscal year runs from Oct. 1 through Sept. 30.