H1-B denial rates have remained high, compared to the previous year; however, the figures show that the denial rate has decreased during the third quarter of FY 2020, due to the new way the United States Immigration Services (USCIS) decided to select petitions for the annual H-1B lottery.
Such conclusions have been revealed in the National Foundation for American Policy recent report, which has emphasized that H-1B petitions denial rate for initial employment has marked a 6 per cent increase in FY 2015, to 21 per cent through the third quarter of FY 2020, VisaGuide.World reports.
“This is in line with the 21 per cent denial rate for H-1B petitions for initial employment in FY 2019 and the 24 per cent denial rate in FY 2018,” the analysis has found.
The National Foundation for American Policy report, which was based on USCIS’s figures from the H-1B Employer Data Hub was concentrated on H-1B petitions for “initial” employment.
The data revealed that there had been a decline in the H-1B denial rate during 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 per cent, similar to the denial rate of 10 per cent in the third quarter of FY 2019,” according to the analysis.
Based on the report, the figures show that there has been a significant decrease in the denial rate, compared to the other quarters.
The main reason for the decline in the denial rates compared to other quarters is because the third quarter of a fiscal year (April, May June) includes “the first set of adjudications of H-1B ‘cap’ cases.”
USCIS agency figures confirm this, revealing that just 20 per cent of the completed H-1B cases had a Request for Evidence during the third quarter of FY 2020, in comparison to 47 per cent in the first quarter of FY 2020.
While during FY 2019, about 27 per cent of completed cases had a Request for Evidence during the third quarter, in comparison to 60 per cent during the first quarter of FY 2019.
The figures on 25 companies with the most H-1B petitions confirmed for the initial employment during FY 2019, found that the latest 25 employers of new H-1B visa holders remain to have higher denial rates during the first three quarters of FY 2020 compared to FY 2015.
“13 of the 25 top companies had H-1B denial rates for initial employment at least nine percentage points higher in FY 2020 (through the third quarter) than in FY 2015,” the report stressed.
Companies that provide information technology or other business services to American companies continue to have higher denial rates.
The denial rate for initial employment in the third quarter of FY 2020, compared to FY 2015, increased by 14 per cent points or more for ten significant companies that offer information technology (IT) services and other services for business consulting.
Through the H-1B, companies in America are permitted to employ internationals engaged in different fields such as IT specialists, professors, architects, doctors, lawyers, accountants, etc.
Earlier this month, a US District Court put an end to two H-1B visa regulations, initiated by President Donald Trump’s administration, which would block companies from hiring employees from other countries.