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Denial rates for H-1B petitions have increased

Many companies in Indiana and across the U.S. rely on H-1B visa workers to fill open positions for which they cannot find enough U.S. skilled workers. The tech industry heavily relies on securing enough employees by using the H-1B visa system. However, the denial rates for H-1B visa applications from companies have been increasing, meaning that more positions are going unfilled because of a lack of skilled workers to fill them.


H-1B visa application denial rates going up


According to a report in Forbes, companies that rely on H-1B workers are receiving an increasing number of denials from the U.S. Citizenship and Immigration Services. The National Foundation for Data Policy analyzed H-1B visa data from the fiscal year 2015 through the second quarter of 2020. It found that the companies that employ the greatest number of H-1B visa workers had many more denials in the fiscal year 2020 than in the fiscal year 2015. Out of the top 25 H-1B visa employers, 20 experienced increases of H-1B denials of 10% or more from 2015 through 2020. Companies providing business services and information technology experienced the greatest increase of denials of their H-1B visa applications. The 10 biggest companies providing information technology experienced denial rates that were 20% or more higher in the fiscal year 2020 as compared to the fiscal year 2015.


Projections for the third and fourth quarters


H-1B petitions for initial employment have a much higher denial rate. The USCIS released data showing that the denial rate for H-1B petitions was 4.1%. However, that does not separate out the denial rates of H-1B petitions for initial employment. The third quarter happens during April through June when the H-1B lottery closes and the agency processes petitions that were approved to be filed. The denial rates for the fourth quarter may be influenced by a settlement between the USCIS and ITServeAlliance as well as some upcoming court decisions.


Companies that struggle to find enough highly skilled workers to fill open positions may benefit from consulting with experienced business immigration law lawyers. The attorneys may help the companies to prepare the petitions and the supporting documents in a way that might make it likelier that they will succeed.