*Through first quarter of FY 2019.an “initial” petition as “new employment,” usually a case that counts against the H-1B annual limit, or “new concurrent employment.” The agency defines a “continuing” petition as “continuing employment [with the same employer], change of employer and amended petitions.”
“In the first quarter of FY 2019, USCIS adjudicators denied 18% of H-1B petitions for ‘continuing’ employment, often for a company’s existing employees, compared to denying only 3% of H-1B petitions for continuing employment in FY 2015 ,” according to the National Foundation for American Policy. “Between FY 2009 and FY 2017 the denial rate on H-1B petitions for continuing employment never exceeded 6%.
The NFAP analysis noted all 27 of the top employers of H-1B visa holders experienced an increase in denials for H-1B petitions for continuing employment between FY 2015 and the first quarter of FY 2019. It’s difficult to explain how several companies that had H-1B denial rates for continuing employment of 2% or 3% in FY 2015 were faced with denial rates of over 30% in FY 2019.
Companies and attorneys say the human cost of the high denial rates is international students persuaded to study and make their careers in other countries, businesses pushing more work and plans for growth to Canada and elsewhere, and men and women with pending green card applications who have worked for years in the U.S. being forced to leave America. Recall thatof the full-time graduate students at U.S. universities in computer science and electrical engineering are U.S. students.
An H-1B visa is typically the only practical way for a high-skilled foreign national, including an international student, to work long-term in the United States. The data on high denial rates for H-1B visas show that when the president and others in his administration use the term “merit-based” immigration, they do not actually mean welcoming more high-skilled foreign nationals to immigrate to or work in the United States.
True but the data also shows that the total yearly approvals from 2016 to 2018 have been greater than they were in every year from 2009 to 2015 (see chart below). You can see additional statistics drawn from the Data Hub at .
👏👏👏👏👏👏👏 H1B negative impact greater than undocumented immigrant. Minimum salaries too low, pushing out skilled Americans. Decreading tax revenue faster than minimum wage workers.
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