Visit: https://imagility.co/home/ to know more!
Visit: https://imagility.co/home/ to know more!
Nowadays H-1B denial becomes the main issue. Every year, a huge number of talented skilled professionals appeal for the H-1B visa. Since such countless individuals appeal every year, the USCIS set a yearly cutoff on the quantity of H-1B visas gave and directs a yearly lottery to choose the petitions that go onto handling arbitrarily. But H-1B denial can completely stop these skilled p[rofessionals career growth. So now connect with Imagility to solve the denials on H-1b issues. Connect with them now! Visit: https://imagility.co
We have actually commonly heard it recommended that when immigration legal representatives advise that laymans avoid filing their very own immigration paperwork, monetary self-interest is the only motivation. This is much from the fact. We can not estimate how many times our company has needed to try and also reverse the damage done to a flawlessly excellent case by an brash immigrant, personnels supervisor, or positioning agency. Personally, I would rather shed a prospective client to an additional attorney than to see her gamble on filing her very own documents with the USCIS. The possibility of failure is just too high. Complying with is a list of five significant migration scary tales that have stumbled upon our workdesk because the start of the year. All of these unfortunate circumstances can have been prevented if the celebrations would certainly have initial spoken with an skilled immigration lawyer. THE L-1 TRANSFERS THAT NEARLY NEVER EVER OCCURRED The CEO of a UK Software application firm based in Manchester called me at the end of April. She had actually been attempting because December 2006 to transfer three essential employees to a UNITED STATE subsidiary in the Southwestern United States. Two of these were British citizens, and also one was a resident of a country in Southeast Asia. This should have been a uncomplicated situation. The company's UNITED STATE partner attempted to deal with the documents himself, considering that he 'd formerly managed two NAFTA visas for a pair of Canadian professionals. What the company did not know was that the application requirements and procedures for a NAFTA visa differ significantly from those applicable to the L-1 intracompany transferee visa. Although the partner had all the information and documents he needed to process the case in January, he held up the petitions so that he could research the correct L-1 procedures. It was late April, and the partner still had not moved forward on the petitions. I asked the CEO to courier me the information and documents. Within three weeks of receiving the documents, we were able to send all three of the transferees to the United Embassy in London to have their passports stamped with their L-1A visas. Problem solved. THE CONSULAR DENIAL An artists agent/promoter was trying to bring a group of Peruvian folk musicians to the U.S. for a series of music festivals. Amazingly, he was able to correctly prepare and file the required petition. He received the approval notice from the USCIS within 45 days. When the musicians went to the U.S. Consulate in Lima to pick up their visas, they were denied. The problem: The consular official didn't believe the musicians had "sufficient ties to Peru", despite the fact they had lived all their lives in Peru, their parents, wives and children lived in Peru, and they had jobs and businesses to return to in Peru once the visas expired. Having previously dealt with quite a few consular denials, we got on the telephone with the U.S. consular official who had dealt with the musicians, made a list of all his objections, and reprocessed the visa applications. Within a week, the musicians were issued their visas, and were on their way to California. (Incidentally, prior approval of a visa petition by USCIS does not guarantee issuance of the visa by the U.S. State Department; and prior issuance of a visa by the U.S. Consulate does not guarantee admission to the U.S. by USCIS.). MISSING THE H-1B BOAT. Toward the end of February we received a call from an exasperated young man who had been offered a job at a medical clinic in Nevada as a medical physicist. After some independent research on the internet, he had determined that the clinic should file an H-1B petition on his behalf. The company, which had never petitioned for an alien worker before, left the immigration details up to him. He studied the USCIS website, downloaded the forms, and sent them to the clinic. The clinic filled out the forms and sent them into the USCIS with a filing fee of $190.00. That was in January, and he still had not heard anything from the USCIS. The source of his stress was the rumour that began circulating in February that the H-1B cap for the current fiscal year would be reached on April 2, 2007-- the very first day that the visa cap was slated to open. He wanted to know what would happen if his application was not approved before the cap was reached. Before dealing with his primary concern, we asked him to fax us all the documents the clinic had filed with the USCIS. Our worst suspicions were confirmed, upon review of the documents. The forms had been filled out incorrectly, forms that did not have to be filed had been filed along with the correct forms, and the filing fee was incomplete. The prevailing wage for the position had not been determined, and no labor condition application had been filed with the Department of Labor. Additionally, US Immigration Lawyer London had not provided enough evidence regarding either the clinic or the position offered. Besides all of this, USCIS regulations were clear that petitions that reached its mailroom prior to April 2, 2007 would be rejected. Thus, it was clear to us that USCIS would eventually reject the petition. When we gave the young man the bad news, he was quite skeptical. We suggested that he pull back the original petition, and re-file a corrected petition exactly on April 2, 2007. He told us he would think about it and call us back. On March 14, we received another call from the young man. USCIS had rejected the petition as we had predicted and had returned it to the clinic. He asked us to take over the case. On April 2, 2007, we filed the corrected H-1B petition. Over 150,000 petitions arrived at USCIS on the same day, all of them vying for the 65,000 available visas. Fortunately, our client's H-1B visa petition was among those randomly selected for processing. He has since received his Notice of Approval. THE NAFTA REJECTION. On May 25, 2007, we received a telephone call from a woman who had been hired as a computer systems analyst by a high-tech startup company in San Francisco. She had landed the job through a recruiting firm in Toronto. That same recruiting firm had referred the candidate to a Canadian lawyer to prepare the application. This should have been a fairly routine matter, since the woman qualified for a TN-1 visa under the North American Free Trade Agreement (NAFTA). However, it turned out that the lawyer had limited experience in these matters. In his apparent ignorance, the lawyer sent the woman to the U.S./ Canadian border at Buffalo with a poorly prepared application package (which lacked sufficient evidence of the woman's qualifications) to apply for the visa in advance of the date she actually planned to enter the United States. She was rejected. We reviewed the paperwork she had presented at the border, and found it to be quite wanting in substance as well as presentation. She asked us to take over the case, and in a matter of five days, we sent her off to the pre-flight inspection post at Pearson International Airport with an expertly prepared application, and her bags in hand. Happily we received a telephone call from her that afternoon giving us the good news that she had been issued the TN-1 visa and was about to board her flight to San Francisco. We have received several referrals from this client in the last two months. IT'S NEVER AS EASY AS THEY TELL YOU. In early April of this year, our office was contacted by a gentleman who had been offered a high-paying job as a family counselor in the Southern United States. Although he had no University Degree, he had acquired just short of four years experience in this field. He contacted the USCIS on his own and was told by some unnamed clerk that all he needed to do was to fill out "an I-750", present it at the airport, then file a petition for an adjustment of status once he arrived in the United States. Thrilled at the news, the gentleman returned to Canada, sold his home, quit his job (as did his wife) took his children out of school, and they all showed up at the airport, bags in hand. Of course, they were turned away. Reasons: 1.) he had followed the wrong procedure for a permanent work visa; 2.) he didn't qualify under any temporary work visa category since he did not hold a university degree and did not have at least 5 years experience in the relevant area. Unfortunately, there was nothing we could do for this gentleman, since he did not qualify for any type of visa. Even though he stood a good shot at qualifying for a visa under NAFTA with one more year of experience, he had already quit his job and sold his house. The damage was done. Not every case can be salvaged, as the above example illustrates. But many can, and we are quite proud of the cases we have successfully shepherded to a satisfactory disposition. Of course, it would be much better for all parties concerned if, instead of trying to handle important immigration matters on their own, potential immigrants or employers take the time to consult with an experienced immigration lawyer. The savings in time, money and frustration is well worth the investment.
The procedure for becoming an established citizen starts with filing an N-400 application, along with including certain documents, depending upon the individual’s circumstances. After all the paperwork documentations has been done, USCIS mails you about the appointment letter for having your biometrics done. Following the appointment, USCIS then schedules an interview where you are inquired about the application, along with taking the Civics and English test. As per immigration laws, you can have an Immigration Lawyer present during the interview.
An expert Family Based Immigration attorney guides you through every single step, ensuring that all the required documents are submitted properly.
For people, who try and manage it on their own often make errors that can result in delay in the procedure, or by paying any extra charge or denial of green card or visa.
An immigration lawyer charges around$150 and $300 every hour, with a basic 30-min consultation fee of 75-150 dollars. Legal support when filing the basic immigration forms price ranges from 250-800 dollars, while the green card assistance varies from 800-5,000 dollars along with the USCIS fees of 460-700 US Dollars.
Obtaining a legal immigration status is quite complicated and a lot overwhelming, so when appointing for any legal assistance, it is important to know about few things. Here in this article, we will talk about all the essential points that you need to know, while seeking legal assistance.
Legal help when filing the basic immigration form costs around 250-800 US dollars. The Asylum application assistance charges around 1,000-3,000 dollars, while the deportation defense costs you around 2,000-10,000 US dollars. You can also get the free estimates from some of the best immigration lawyers only at Skylex.
In most of the cases, the immigration attorney charges you with an hourly rate of 150-300 USdollars per hour, whereas other platforms charge a specific fee for the whole process of immigration. For any basic immigration filing of form, you are expected to pay approximately 250-200 US dollars in fees. An expert Immigration attorney fee significantly varies depending upon the type of service and the time commitment required.
Immigration Lawyer Price
For a usual application of employment authorization or a work visa, an immigration lawyer will charge around250-500 US dollar for his legal assistance. For US citizenship or the naturalization application, expected to pay approximately500-1,200 dollars whereas for the asylum application, the price range varies from 1,000-3,000 dollars.
An average immigration attorney’s fee are 600-1,400 dollars with the price range between 370-12,000 US dollars depending on the category of the case. Also, there isa USCIS Fee involved where the cost varies between 460-700 dollars on an average.
When planning for immigration and you are applying for the US Citizenship, there are various forms, procedures and requirements, to apply for a specific case. Do confirm it with your immigration lawyer, regarding the entire procedure and the associated fees.
Cost of Work Visa in United States of America
When you are applying for H-1B Work Visa in the United States, you are likely to spend 1,195-1,495 dollarsfor the attorney fee, varying 460-2,460 US Dollaralong with the USCIS filing fee. The process usually takes around 15-150 daysfor the entire process.
If you are planning on visiting the United States of America and needing a temporary B-1 Visa, the attorney fee can be typically charged around 400 dollars, and the filing procedure usually takes around 5 working days for the processing. When extending,renewing, or changing of the B-1 or B-2 Visa, the attorney feeis around$400, the USCIS fees is approximately 370 dollars, and the processing time is around 60-90 days.
Skylex is a research-driven platform for providing an outstanding immigration law services, by providing a high degree of professional services. The legal immigration services associates’ professionalism, research evaluation combines with peer evaluation.
Skylex offers a comprehensive service of accredited Washington Dc Family Based Immigration Lawyers who have accomplished to acquire a high-degree of excellence and peer recognition from the professional point of view.
One important thing that everyone should keep in mind before hiring a Family Based Immigration Lawyer in Washington Dc is to avoid pricey mistakes. Use Skylex to acquire the best Washington Dc immigration attorney today.
As US Consulates in India are not yet open due to COVID-19 for regular visa processing, the only way to get US visa stamping is to get an expedite appointment. Expedited appointments are available only for special situations like medical needs, funeral/death, ESTA Denied, Students or exchange visitors with urgent need or urgent business travel. If you are looking. NOTE: Remember that a lot of the Casinos offer different bonuses depending on which country you are resident so make Visa Slot Availability For Us In Hyderabad sure to read the online casino review to see which bonus you are eligible to. General Information Under the leadership of the Consul General, the United States Consulate General in Hyderabad promotes U.S. Interests and the U.S.-India bilateral relationship in the states of Telangana, Andhra Pradesh and Odisha. The Consulate does so through diplomatic and cultural relations with government officials, the business community, and the general public.
Notice: As of August 17, the United States Embassy and Consulates in India will resume processing F, M, and certain J categories (alien physician, government visitor, international visitor, professor, research scholar, short-term research scholar, specialist, secondary school student and college/university student). To schedule your nonimmigrant visa appointment, you must have the following information and documents available: A passport valid for travel to the United States with a validity date at least six months beyond your intended period of stay in the United States (unless country-specific agreements provide exemptions).
Apply for an Expedited Appointment
On this page:
If you have an unforeseen travel need as per one of the criteria listed below, you may qualify for an expedited appointment depending on availability at the Embassy. It is important to ensure you meet all the criteria, because applicants are only allowed to create one expedited appointment request.
Before you apply for an expedited appointment, you must ensure that you have documentary evidence to prove the urgency. If it appears during your visa interview that you misrepresented the reasons for expedited travel, such facts will be noted on your case file and may adversely influence the outcome of your visa application. All applicants requesting an expedited appointment are required to first pay visa fees for a regular visa appointment. Applicants who are granted an expedited appointment but are subsequently refused a visa or who or missed their interview at the U.S. Embassy will not be allowed to utilize this option to obtain another expedited appointment.
Please note, that if your request for an expedited appointment is denied you wouldn't be able to make a second request during the course of your visa application. You will have to attend the regular appointment you scheduled initially.
Note: Travel for the purpose of attending weddings and graduation ceremonies, assisting pregnant relatives, participating in an annual business/academic/professional conference, or enjoying last-minute tourism does not qualify for expedited appointments. For such travel, please schedule a regular visa appointment well in advance.
Purpose of travel is to obtain urgent medical care, or to accompany a relative or employer for urgent medical care.
A letter from your doctor in Poland describing the medical condition and why you are seeking medical care in the United States
A letter from the physician or hospital in the United States indicating that they are prepared to treat your case and providing the approximate cost of the treatment
Evidence of how you will pay for the cost of the treatment
Purpose of travel is to attend the funeral of or make arrangements for repatriating the body of an immediate family member (mother, father, brother, sister, child, grandparent, or grandchild) in the United States.
A letter from the funeral director stating the contact information, the details of the deceased, and the date of the funeral
You must also present evidence that the deceased is an immediate relative
Us Consulate Mumbai
Urgent Business Travel
Purpose of travel is to attend to an urgent business matter where the travel requirement could not be predicted in advance.
Us Consulate Hyderabad Slots Availability Timings
A letter of invitation from the corresponding company in the United States attesting to the urgency of the planned visit, describing the nature of the business and that either the U.S. or Polish company will suffer a significant loss of opportunity if an expedited appointment is not available
Evidence of a necessary training program in the United States of three months duration or less, to include letters from both the Polish employer and the U.S. company providing the training. Both letters should include a detailed explanation of the training and explain why either the U.S. or Polish company will suffer a significant loss of opportunity if an expedited appointment is not available.
Students or Exchange Visitors
Purpose of travel is to begin or resume a valid program of study in the United States within 60 days when no regular visa appointments are available. This option is limited only to students and exchange students who are within 60 days of their start date. It is also limited only to applicants who have not been refused a visa within the last six months at the U.S. Embassy.
Us Consulate Hyderabad Appointment
Original Form I-20 or Form DS-2019 indicating start date of program within 60 days
Evidence that you have paid the SEVIS fee (when applicable)
You may request an expedited visa appointment if you are a citizen of a Visa Waiver Program partner but have received notice that you are no longer eligible to travel to the United States under that program. Such travelers include those who are dual nationals of Iraq, Iran, Sudan or Syria, or those who have travelled to Iraq, Iran, Sudan, Syria, Libya, Yemen, or Somalia after March 1, 2011. Your travel must be imminent to qualify for an expedited appointment. Please include in your request the date and purpose of your travel.
A copy of the U.S. Customs and Border Protection message you received regarding your ESTA status.
Applying for an Expedited Appointment
Pay the visa application fee.
Important: If you pay your visa application fee online using a Debit Card/PolCard, you can schedule your interview immediately. Please see Visa Application Fee Payment Processing Timelines for more information..
Us Consulate Hyderabad Slots Availability Online
Complete the Nonimmigrant Visa Electronic Application (DS-160) form.
Schedule an appointment online for the earliest available date. Please note that you must schedule an appointment before you can request an expedited date. At the time you schedule your appointment, you will see an onscreen message showing the earliest available appointment date, which includes expedited appointments. Accordingly, you may find that it is not necessary to request an expedited appointment because there are regular dates available.
If you wish to proceed with requesting an expedited appointment, then complete the Request Form or contact the call center to request assistance. Please be sure to note the criteria you believe qualifies you for an expedited appointment. Once you have submitted your request, please wait for a response from the U.S. Embassy, which will come via email.
If the U.S. Embassy approves your request then you will receive an email alerting you to schedule your expedited appointment online. Please understand that the call center cannot schedule your expedited appointment for you, but agents are able to assist you if questions arise. After your emergency request has been approved you will need to cancel your current appointment and reschedule for a new emergency slot. Should the U.S. Embassy deny your request for an expedited appointment, you will be notified of the denial by email and you should keep your existing appointment.
Note: The email confirming or denying your request will come from firstname.lastname@example.org. Some email applications have plles which filter unknown senders into a spam or junk mail folder. If you have not received your email notification, please look for the message in your junk and spam email folders.
Visit the U.S. Consulate/Embassy on the date and time of your visa interview. You will need to bring:
A printed copy of your appointment letter
Your Form DS-160 confirmation page
One photograph taken within the last six months
Your current passport and all old passports.
Applications without all of these items will not be accepted.
The long visa appointment wait times reported over the summer have decreased significantly and U.S. Consulates in India are now reporting the following greatly reduced wait times:
PostVisitor (B) or Student (F-1) Visa Wait Time (in days)Other Appointment (H-1B, L-1) Wait Time (in days)Chennai
However, even with these shortened wait times, applicants who are living in the United States and planning to travel back to India for a visit over the holiday season should try to book their visa appointment at the earliest possible time. In order to avoid delays in visa issuance, applicants should make sure they have all required documents in hand on the day of their visa appointment. Assuming the visa is approved for issuance, it generally takes only 1-3 business days for return of the passport.
Prepare Now for Holiday Travel
As peak holiday travel season approaches, individuals should review their travel documents and take steps in advance of international travel to avoid or minimize disruptions in their travel schedule, or delays in their ability to reenter the United States in the appropriate classification. Temporary workers and other nonimmigrant visa holders in the United States should also confirm that they have a valid visa for return to the United States following international travel. If a new visa application will be required, applicants should schedule their visa appointments now, as U.S. Consular visa appointment slots fill up quickly in December and January. Visa issuance after an appointment may also be delayed during the holiday season. Applicants are therefore advised to schedule their appointments for a day at the beginning of their trip in order to maximize the time in-country for return of the passport with the visa once the visa is issued.
As always, Foster attorneys are available to answer specific travel-related questions and provide additional information regarding the requirements for international travel. Foster will continue to monitor visa appointment availability and will provide further updates as appropriate in future Foster Immigration Updates© and on our firm’s website at www.fosterglobal.com.
Rescission of 2017 Policy Memorandum PM-602-0142
Effective immediately, USCIS rescinds PM-602-0142 “Rescission of the December 22, 2000 ‘Guidance memo on H1B computer related positions.’” USCIS officers should not apply PM-602-0142 to any pending or new requests for H-1B classification, including motions on and appeals of revocations and denials of H-1B classification. Further guidance will be…
View On WordPress
U.S. Department of Labor (DOL) and U.S. Department of Homeland Security (DHL) has proposed sets of Interim Final Rules governing H-1B visa program and permanent labor certification program's (PERM) prevailing wage system. These will restrict the definition of specialty occupation, limit the duration of approval for petition involving client-site (to 1 yr), and changing the computation method for OES prevailing wage. DHS has published the notice which will be effective in next 60 days, and has invited the member of public or businesses to provide public comments. Based on these comments, it may update this Interim Final Rule. DOL on the other hand has published the Interim Final Rule, the rule effective from today.
DHS has proposed following regulatory changes:
1. Amending the Definition of a “Specialty Occupation”
There must be a direct relationship between the required degree field(s) and the duties of the position. A position for which a bachelor’s degree in any field is sufficient to qualify for the position, or for which a bachelor’s degree in a wide variety of fields unrelated to the position is sufficient to qualify, would not be considered a specialty occupation as it would not require the application of a body of highly specialized knowledge. Similarly, the amended definition clarifies that a position would not qualify as a specialty occupation if attainment of a general degree, without further specialization, is sufficient to qualify for the position.
For example, a petition with a requirement of an engineering degree in any or all fields of engineering for a position of software developer would not suffice unless the record establishes how each or every field of study within an engineering degree provides a body of highly specialized knowledge directly relating to the duties and responsibilities of the software developer position.
2. Amending the Criteria for Specialty Occupation Positions:
This change means that the petitioner will have to establish that the bachelor’s degree in a specific specialty or its equivalent is a minimum requirement for entry into the occupation in the United States by showing that this is always the requirement for the occupation as a whole, the occupational requirement within the relevant industry, the petitioner’s particularized requirement, or because the position is so specialized, complex, or unique that it is necessarily required to perform the duties of the specific position.
3. Defining “Worksite” and “Third Party Worksite
The physical location where the work is actually performed by the H-1B nonimmigrant. A “worksite” will not include any location that would not be considered a “worksite” for LCA purposes
4. Clarifying the Definition of “United States Employer
Replacing “contractor” with “company” in regulatory definition. This means the H-1 employer must show the employer-employee relationship. This regulatory changes must have proposed in response to a case where USCIS lost a lawsuit which made them to rescind a long-standing memoranda.
5. Change definition of Engaging the Beneficiary to Work to
“[engage] the beneficiary to work within the United States, and ha[ve] a bona fide, non-speculative job offer for the beneficiary.
This will make it clear that a petitioner must have non-speculative employment for the beneficiary at the time of filing. At the time of filing, the petitioner must establish that a bona fide job offer exists and that actual work will be available as of the requested start date.
6. Clarifying the “Employer-Employee Relationship"
USCIS will interpret ‘employer-employee relationship’ based on existing common law. Internal Revenue regulations (IRS interprets as being behavioral or financial control (read here and IRS' 20 factors tests based on Section 530 of the Revenue Act of 1978) or other regulations can also provide some guide here.
USCIS will interpret the term ‘‘employer-employee relationship’’ to be the ‘‘conventional master-servant relationship as understood by common law agency doctrine.’’ That doctrine, as explained by the Supreme Court, requires an evaluation of the hiring party’s right to control the manner and means by which the product is accomplished ‘‘among the other factors’’ relevant to the employer-employee relationship.
As the common law test contains ‘‘no shorthand formula or magic phrase that can be applied to find the answer, . . . all of the incidents of the relationship must be assessed and weighed with no one factor being decisive.
7. Corroborating Evidence of Work in a Specialty Occupation
Where a beneficiary will be placed at one or more third-party worksites, DHS will require the petitioner to submit evidence such as contracts, work orders, or other similar evidence (such as a detailed letter from an authorized official at the third-party worksite) to establish that the beneficiary will perform services in a specialty occupation at the third-party worksite(s), and that the petitioner will have an employer-employee relationship with the beneficiary.
8. Maximum Validity Period for Third-Party Placements to a year at a time
DHS will set a 1-year maximum validity period for all H-1B petitions in which the beneficiary will be working at a third-party worksite.
Also require to provide written explanation for certain H-1B approvals such as this as to why it approved for a shorter period.
9. Revising the Itinerary Requirement for H-1B Petitions
DHS will still apply the itinerary requirement for H-1B petitions as well as petitions filed by agents. This means the employer has to indicate the dates and location for each worksite if the worksites involve more than one worksite location.
10. DHS will continue Site Visits, and denying a site visit could be the ground for H-1B denial or revocation
If USCIS is unable to verify facts related to an H-1B petition or to compliance with H-1B petition requirements due to the failure or refusal of the petitioner or third-party to cooperate with a site visit, then such failure or refusal may be grounds for denial or revocation of any H-1B petition for H-1B workers performing services at the location or locations which are a subject of inspection, including any third-party worksites.
Click here for Department of Labor's Interim Final Rule governing the OES prevailing wage methodology which impacts H-1B, H-1B1, E-3 and Prevailing Wage for PERM process
Last updated October 8, 2020, legal alerts from us are forthcoming. Many of these changes were known before and we have handled these lines of questioning or documentary requirements over last 10-15 years! If you have any questions, our attorneys are here to answer your questions! We can be reached by phone at 888-820-4430 or by email at email@example.com. Also sign-up for our next conference call or webinar on this topic.
Indian tech companies have highest average H-1B visa denial rate at 21%: Report https://ift.tt/2LlNn3z
New Post has been published on https://perfectirishgifts.com/h-1b-visa-denial-rates-remain-high-but-dropped-in-3rd-quarter/
H-1B Visa Denial Rates Remain High But Dropped In 3rd Quarter
An empty entrance at a U.S. Citizenship and Immigration Services (USCIS) field office in Tukwila, …  Washington, on March 3, 2020. (Photo by JASON REDMOND/AFP via Getty Images)
A new analysis finds denials for H-1B petitions have remained at high levels compared to previous years. However, the denial rate for new H-1B petitions dropped in the third quarter of FY 2020 due to the way U.S. Citizenship and Immigration Services (USCIS) decides on petitions selected for the annual H-1B lottery.
“The denial rate for new H-1B petitions for initial employment rose from 6% in FY 2015 to 21% through the third quarter of FY 2020,” according to a new analysis from the National Foundation for American Policy. “This is in line with the 21% denial rate for H-1B petitions for initial employment in FY 2019 and the 24% denial rate in FY 2018.” 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 cap or limit (i.e., chosen in the annual lottery).
USCIS processing choices, not changes in adjudication standards, resulted in a drop in the H-1B denial rate in the third quarter of FY 2020. “In the third quarter of FY 2020, the denial rate for H-1B petitions for initial employment was 7%, similar to the denial rate of 10% in the third quarter of FY 2019,” according to the analysis. “That is much lower than the denial rate in other quarters because the third quarter of a fiscal year (April, May and June) includes the first set of adjudications of H-1B ‘cap’ cases – and in both FY 2019 and FY 2020, USCIS approved or denied those petitions that adjudicators decided on quickly (in April, May and June) and granted Requests for Evidence (RFEs) or held other applications for later in the fiscal year.”
USCIS data on Requests for Evidence confirm this, showing that only 20% of the completed H-1B cases had a Request for Evidence in the third quarter of FY 2020, compared to 47% in the first quarter of FY 2020. The same pattern was seen in FY 2019 when 27% of completed cases had a Request for Evidence in the third quarter compared to 60% in the first quarter of FY 2019.
Examining data on the 25 companies with the most H-1B petitions approved for initial employment in FY 2019, the analysis found:
– “The recent top 25 employers of new H-1B visa holders continued to have higher denial rates through the first three quarters of FY 2020 than in FY 2015 (i.e., before the Trump administration). Overall, 24 of 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 third quarter) than in FY 2015.
– “13 of the 25 top companies had H-1B denial rates for initial employment at least 9 percentage points higher in FY 2020 (through the third quarter) than in FY 2015. That included large technology companies Cisco and Uber.
– “The highest denial rates continue to be for companies that provide information technology or other business services to American companies. The data indicate USCIS 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 where work will be performed.
– “The denial rate for initial employment through the third quarter of FY 2020 when compared to FY 2015 increased by 14 percentage points or more for 10 major companies that provide information technology (IT) services or other business consulting services.
– “Denial rates for initial employment for H-1B petitions were generally between 1% and 5% in FY 2015 for the top employers of H-1B professionals, compared to denials rates that mostly ranged from 9% to as high as 56% through the first three quarters of FY 2020. In FY 2015, 16 of the 25 top companies had denial rates of 2% or lower for H-1B petitions for initial employment.”
When data become available for the fourth quarter (July, August and September) of FY 2020, and the first and second quarters of FY 2021, we should know what impact USCIS rescinding certain memos and issuing a new policy memo has on H-1B denial rates. The new memo was part of a settlement with the business group ITServe Alliance. Attorneys and companies blamed the higher denial rates, particularly for IT services companies, on the memos.
In its final months, the Trump administration attempted to lock in its policies on H-1B visas through two regulations that companies believed would have forced many existing H-1B visa holders, as well as international students, to no longer qualify for H-1B status. On December 1, 2020, a federal judge declared the administration violated the law when it published the regulations to restrict H-1B visas. The DOL rule took effect on October 8, 2020, and the DHS rule would have been effective December 7, 2020. U.S. District Judge Jeffrey S. White’s order vacated the regulations in a ruling that was binding nationwide.
Companies are eager to learn whether the Biden administration’s policies will result in lower denial rates for H-1B petitions. The numbers will tell the tale.
From Enterprise Tech in Perfectirishgifts