H-1B denial and request for evidence statistics

rfe statistics

This recent article in Forbes magazine provides some very sobering statistics regarding the H-1B visa and increased requests for evidence (RFE) and denials.  Some noteworthy quotes from the article are below:

  •  “The proportion of H-1B petitions denied for foreign-born professionals increased by 41% increase from the 3rd to the 4th quarter of FY 2017, rising from a denial rate of 15.9% in the 3rd quarter to 22.4% in the 4th quarter.
  • “The number of Requests for Evidence in the 4th quarter of FY 2017 almost equaled the total number issued by USCIS adjudicators for the first three quarters of FY 2017 combined (63,184 vs. 63,599). Failure to comply with an adjudicator’s Request for Evidence will result in the denial of an application.
  • “As a percentage of completed cases, the Request for Evidence rate was approximately 69% in the 4th quarter compared to 23% in the 3rd quarter of FY 2017.
  • “Demonstrating the trend in adjudications is continuing, in the 1st quarter of FY 2018 the denial rate was 30.5% for L-1B petitions (for employees with ‘specialized knowledge’) and 29.2% in the 2nd quarter of FY 2018, both representing an increase from a denial rate of 24% for L-1B petitions in FY 2016.”

Unemployment in the United States is currently about 4%.  H1B workers are filling a need that the United States has for skilled workers.  We’re losing a lot of talent and growth due to the restrictive policies implemented by the current administration.  The last few paragraphs in the Forbes article shed light on how innovation in the US is being stifled by the current restrictive policies related to H-1B visas.

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