Report Shows Increasing H-1B and L-1 Denials

You are here

 

A new study from USCIS indicates that USCIS has significantly increased the rate of H-1B and L-1 denials between 2008 and 2011. The rate of Requests for Evidence (RFEs) likewise increased.
 

In FY 2011 63 percent of all L-1B petitions were issued a Request for Evidence (RFE) and 27% were issued a denial up from 7% in 2007. H-1B petition denials are up only slightly from 11 percent in 2007 to 17 percent in FY 2011. O-1A petition denials increased from 4 percent in FY 2000 to 8 percent in FY 2011.

The denial rate for new L-1B petitions rose from 2.8% in FY 2008 to 22.5% in FY 2009.  Country specific data on new L-1B petitions indicates that USCIS is more likely to deny a petition for an Indian-born professional than beneficiaries born in other countries.  For example, the denial rate for new L-1B petitions for Canadians rose from 2.0% in 2008 to 2.9% in 2009.

Some groups have complained that the increased RFE and denial rate is unwarranted and that the disproportionate increase in denials for Indian-born beneficiaries is a sign of institutionalized bias.
 

Read the NFAP Report on Increasing H-1B and L-1 Denials Here

 

Related Subjects: 

visit us at:

  95 South Market St., Suite 363
    San José, CA 95113
 (408) 797-0000

  200 Washington St., Suite 208
    Santa Cruz, CA 95060
 (831) 245-0000

The Olender Pro Bono Project

We represent some clients who have compelling cases and little money at no charge. Sean received the Benito Juarez human rights award in 2008 and the ALRP Volunteer Award in 2012 for taking more than 10 pro bono cases in 12 months. We need volunteers. E-mail Debbie to volunteer.

NEWSLETTERS

Change Your Address at DHS!

If you are not a US citizen, you must change your address with DHS within 10 days of moving or face deportation. Click Here.