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H-1B Denial and RFE Rates Continue to Rise

The American Immigration Council (AIC)  sites The National Foundation for American Policy (NFAP) October 2019 Policy Brief to describe U.S. Citizenship and Immigration Services’ (USCIS’)  increasing rates of H-1B denials and Requests for Evidence (RFEs). The NFAP, which is a non-profit, non-partisan research organization focused on immigration and international trade has reviewed USCIS data from FY 2009 to present to determine the trends.

NFAP reports that denials for initial H-1B petitions has quadrupled from 6% in FY 2015 to 24% in the first three quarters of FY 2019. Denial rates for H-1B petitions for continuing employment (such as H-1B Extension and Change of Employer petitions) have also quadrupled from 3% to 12% over the same period. RFEs were issued for 60% of completed cases in the first quarter of FY 2019 compared to the historical average of 20%.

Both the AIC and the NFAP note that the increased rates of Denials and RFEs are not a result of changes in law but have been implemented through agency memoranda and policy changes. NFAP further sites a University of Pennsylvania Wharton School of Business study that suggests the increased H-1B denial rates do not increase jobs availability for U.S. citizen workers but rather motivate companies to relocated to locations where it is easier for them to employ highly skilled workers, shrinking the U.S. job market for all highly skilled workers, including both U.S. citizens and immigrants.