Indian H1B, L1 Denials and RFE Doubled Under Trump
USCIS data analysis reveals Indian H1B and L1 Denials doubled under Trump government. Increased RFE (request for Evidence) for 'Speciality Occupation' proof.
This article will discuss:
42% Increase in Indian H1B Extension, Transfer, Amendment Denials
There was a 42% increase in the proportion of H-1B petitions denied for Indian-born professionals from the 3rd to the 4th quarter of FY 2017.
In the 3rd quarter, 16.6% of the completed H-1B cases for Indians were denied compared to 23.6% in the 4th quarter.
| Country | Denial Rate 3rd Quarter 2017 | Denial Rate Quarter 4, 2017 |
|---|---|---|
| India | 16.6% | 23.6% |
| All Other Countries | 14.0% | 19.6% |
| Combined Total | 15.9% | 22.4% |
The latest data released by National Foundation for American Policy (NFAP) shows the dramatic increase, which shows that Trump administration is trying to demotivate skilled workers by indirect, behind the scenes unofficial rules.
Since, they can't change the law in congress, USCIS has been changing the policies on how to make legal worker's life difficult.
Similarly, there was a 40% increase in the proportion of H-1B petitions USCIS denied for professionals from countries other than India from the 3rd to 4th quarter, rising from a denial rate of 14% in the 3rd quarter to 19.6% in the 4th quarter.
The proportion of H-1B petitions denied for foreign-born professionals increased by 41% 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.
More RFE's for Indian H1B applicants than others
Data indicates that USCIS was much more likely to issue a Request for Evidence for applications for Indians than
for people from other countries.
| Country | RFE rate 3rd Quarter 2017 | RFE rate Quarter 4, 2017 |
|---|---|---|
| India | 24.2% | 72.4% |
| All Other Countries | 18.0% | 61.2% |
| Combined Total | 22.5% | 68.9% |
In the 4th quarter of FY 2017, 72% of H-1B cases for Indians received a Request for Evidence, compared to 61% for all other countries.
| Quarter 1,2 and 3 combined, 2017 | Quarter 4, 2017 | |
|---|---|---|
| Requests for Evidence (RFE issued) | 63,599 | 63,184 |
Data analyzed over the years show USCIS adjudicators deny more applications and issue a higher rate of Requests for Evidence for Indians on both H-1B and L-1 petitions.
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.
And now, USCIS has given more power to its consultants to deny the H1B without ever issuing an RFE.
Other USCIS policy change to issue NTA (forceful deportation court order) is going to make H1B family's life really-really difficult.
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.
L1-B Denial for Indians Increased in 2017 and 2018
The denial rate for L-1B petitions (to transfer employees into the U.S. with “specialized knowledge”) increased between the 1st and 4th quarter of FY 2017 from 21.7% to 28.7%, an approximately one-third increase in the denial rate within the same fiscal year.
Almost half (48%) of Indian nationals whose employers sought to transfer them into the U.S. via L-1B petitions had their applications denied in the 4th quarter of FY 2017, representing an increase from an already high 36% denial rate in the 1st quarter of FY 2017.
The denial rate was 30.5% during 1st quarter of FY 2018 for all L-1B petitions and 29.2% in the 2nd quarter of FY 2018.
L1A denials increase exponentially
Between the 1st and 4th quarter of FY 2017, the denial rate increased by 67% (from 12.8% to 21.4%) for L1A petitions, which are used to transfer managers and executives into the U.S.
The increase in denials for L-1A petitions began early in the Trump administration. The denial rate for applications for L-1A petitions for Indians increased from 9.5% in the 1st quarter to 13% in the 2nd quarter, and 17.4% and 16.4% in the 3rd and 4th quarters.
The Request for Evidence rate was consistent through FY 2017.
Anti-Immigrant officers placed on Important USCIS Designations by Trump
The significant increase in denials and Requests for Evidence in the 4th quarter of 2017, which started July 1, 2017,
came shortly after Donald Trump issued his restrictive “Buy American and Hire American” executive order on April
18, 2017.
The data indicate the new administration needed time to get in place its new political appointees –
considered by observers to be a who’s who of opponents of all forms of immigration – and to exert their will on
USCIS career adjudicators, who were not considered favorably inclined in the first place toward businesses or high skilled
foreign nationals.
Source: NFAP Report
