By Jessabelle M. Koppelman, Esq.

During the Trump Administration, we witnessed H-1B visa denial rates skyrocket with the passage of restrictive immigration policies. For example, former President Trump implemented policy instructing USCIS officers to stop giving deference to previously approved petitions when reviewing H1b visa extensions. Fortunately, President Biden has rescinded this policy during his administration

As some Trump immigration policies phase out, USCIS has drastically reduced H1b visa denials. Forbes reported that for fiscal year (“FY”) 2021, the denial rate fell to 4% for new H1b visa petitions. This trend is great news for U.S. companies looking to temporarily employ foreign nationals as diversifying your work force can lead to greater results and new ideas. Let’s take a look at how these numbers changed:

From FY 2017 to FY 2020, the average denial rate for new H1b visa petitions was just over 17%.
For FY 2018, denial rates rose all the way up to 24%.

FISCAL YEAR	DENIAL RATE
2020	13%
2019	21%
2018	24%
2017	13%

These numbers are high compared to the Obama Administration’s initial H1b visa denial rates.

FISCAL YEAR	DENIAL RATE
2016	10%
2015	6%
2014	8%
2013	7%

The same pattern is also true for continuing employment petitions (extensions for previously approved visas) as the denial rate was only 2% for FY 2021 – much lower than previous years.

FISCAL YEAR	DENIAL RATE
2020	7%
2019	12%
2018	12%
2017	5%

We recently saw less interest in the temporary work program. For FY 2021, USCIS received 274,237 H1b visa registrations. This number rose to 308,613 for FY 2022. The global pandemic also greatly hindered employment-based immigration positions.

The Biden Administration is taking steps towards reforming the H1b visa program. On January 21, 2022, they announced that the U.S. Department of Homeland Security expanded the list of degrees included in the STEM field that qualify for the Optional Practical Training program. To read how this expansion positively impacts H1B visas, click here.  

With H-1B visa petition submissions returning to normal, it is imperative that your initial application is in good condition. Our experienced immigration lawyers are here to assist you with the H1b visa process and the best legal services with dedicated attorneys. Oliver-Zhang law offers free immigration consultations. To speak with one of our immigration attorneys, please email us at [email protected]  or call us at 202-643-1110. H1b account registration has already begun, so call us today!