National Foundation for American Policy Report on High Denial Rates of L-1 & H-1B Petitions at USCIS

The National Foundation for American Policy (NFAP) recently released a policy brief report analyzing data obtained from US Citizenship and Immigration Service that shows a trend of high rates of denials and RFEs in cases for L-1 (intra-company transferees) and H-1B (specialty occupations) professionals by USCIS adjudicators.

  • Denial rates for L-1B petitions were as follows: 7 percent in FY 2007, 22 percent in FY 2008, 26 percent in FY 2009, 22 percent in FY 2010, and 27 percent in FY 2011.1  In addition, 63 percent of L-1B petitions in FY 2011 were at least temporarily denied or delayed due to a Request for Evidence.
  • Denial rates for H-1B petitions increased from 11 percent in FY 2007 to 29 percent in FY 2009, and remained higher than in the past for H-1Bs at 21 percent in FY 2010 and 17 percent in FY 2011.  The Request for Evidence rate rose from 4 percent in FY 2004, to 18 percent in FY 2007, to a high of 35 percent in FY 2009.  In FY 2011, the rate for H-1Bs was 26 percent.
  • Denials for O-1A petitions rose from 4 percent in FY 2008, to 10 percent in FY 2009, 11 percent in FY 2010, and 8 percent in FY 2011.

More information can be found here.

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