USCIS releases annual stats for FY2019: H-1B, L approval rates remain low, with high number of RFEs

USCIS releases annual stats for FY2019: H-1B, L approval rates remain low, with high number of RFEs

According to annual statistics for fiscal year 2019 released by U.S. Citizenship and Immigration Services, approval rates for H-1B, L and other categories remain low and the number of requests for evidence, or RFEs, remains high, compared to the previous four fiscal years.

Key points:

  • H-1B approvals. The overall approval rate for H-1B petitions in fiscal 2019 was 84.8%, down from a high of 95.7% in fiscal 2015.
  • H-1B RFEs. Forty percent of H-1B petitions were subject to RFEs in 2019, and the approval rate for H-1B petitions that were subject to RFEs dropped to 65.4%.
  • L approvals. Approvals of L-1A and L-1B petitions in 2019 sank to a five-year low of 71.9% compared to a high of 85% in 2016.
  • L petition RFEs. Well over half (54.3%) of L petitions were subject to RFEs. About one in two L petitions that were subject to RFEs (50.8%) were approved.
Fiscal Year H-1B Approvals H-1B Petitions – RFE Rate* H-1B Approval Rate with RFEs
2015 95.7% 22.3% 83.2%
2016 93.9% 20.8% 78.9%
2017 92.6% 21.4% 73.6%
2018 84.5% 38% 62.4%
2019 84.8% 40.2% 65.4%

 

Fiscal Year L Approvals L Petitions – RFE Rate* L Approval Rate with RFEs
2015 83.7% 34.3% 53.5%
2016 85.0% 32.1% 55.6%
2017 80.8% 36.2% 49.4%
2018 77.8% 45.6% 52.9%
2019 71.9% 54.3% 50.8%

*Completed petitions

BAL Analysis: The statistics for fiscal year 2019 (October 2018 through September 2019) confirm that USCIS continues to tighten adjudications as reflected in the low approval rates of H-1B and L petitions and RFEs rates reaching a five-year high.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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