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Report suggests dramatic increase in denials of H-1B and L-1 petitions by USCIS
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A recent report of the National Foundation for American Policy (NFAP), a non-profit, public policy research organization based in Arlington, Virginia, suggests that there has been a dramatic increase in denials of L-1 and H-1B petitions by the USCIS over the past four years. According to the report, the rate of denials, and the rate of issuing RFEs for different types of petitions have gone up over the past 4 years, and were as follows:

Denial rate for petitions filed with USCIS

Petition Type

Denial Rates

 

FY 2007

FY 2008

FY 2009

FY 2010

FY 2011

H-1B

11%

16%

29%

21%

17%

L-1A

8%

9%

15%

13%

14%

L-1B

7%

22%

26%

22%

27%

O-1A

4%

4%

10%

11%

8%

RFE rate for petitions filed with USCIS

Petition Type

RFE Rates

 

FY 2007

FY 2008

FY 2009

FY 2010

FY 2011

H-1B

18%

20%

35%

28%

26%

L-1A

24%

27%

32%

37%

51%

L-1B

17%

49%

35%

44%

63%

O-1A

13%

19%

28%

30%

27%

The report also suggests that much of the increase in denials involves Indian-born professionals and researchers, and that USCIS denied more L-1B petitions for new petitions for Indians in FY 2009 (1,640) than in the previous 9 fiscal years combined (1,341 denials between FY 2000 and FY 2008).

Considering that denial of a visa petition or even delay in obtaining approval for a visa petition can have a serious impact on the plans of the hiring employers and organizations, it is essential that they take effective steps to ensure that their petitions are properly prepared and duly filed with all necessary supporting documentation.

If you are considering hiring a foreign national, or bringing your key overseas employees to work for you in the U.S., Contact VisaPro immediately to receive assistance with your filing strategies, and increase the chances of getting your petitions approved by the USCIS. Our experienced attorneys will be happy to assist you. 



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