Analysis indicates H-1B denial rate reached all-time low in FY 2022

Denial rates for H-1B initial employment visas reached an all-time low of 2% in fiscal year 2022, according to a National Foundation for American Policy analysis of U.S. Citizenship and Immigration Services data.

FY 2022 continues a now-four-year trend in H-1B denial rates dropping after peaking in FY 2018 under former President Donald Trump.

The lower denial rate in recent years is at least in part due to legal challenges that forced USCIS to issue new guidance on the adjudication of H-1B visas in June 2020.

“H-1B denial rates have returned to low levels following the Trump administration’s losses in federal court during Donald Trump’s last year in office, meaning the low annual limit for H-1B petitions is currently the main problem facing employers trying to secure foreign-born talent,” the NFAP analysis said.

The NFAP analysis is available here.

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

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