Immigration News - H-1B, United States H-1B denial rate dips in Q3 2020, analysis shows Share this article LinkedIn Facebook X (Twitter) December 21, 2020 The denial rate for new H-1B petitions dipped to 7% in the third quarter of fiscal year 2020, though overall H-1B denial rates remain high, according to an analysis of U.S. Citizenship and Immigration Services (USCIS) data by the National Foundation for American Policy. Key Points: According to the NFAP analysis, H-1B denials were lower in the third quarter (April to June) compared to the rest of the fiscal year, because this period coincides with the first batch of H-1B cap season adjudications when cases are decided quickly and the agency issues requests for evidence (RFEs) or holds other applications for later in the fiscal year. The 7% H-1B denial rate during this period is comparable to the 10% denial rate in the same quarter in fiscal year 2019. The overall H-1B denial rate remains high. Through the first three quarters of fiscal 2020, the denial rate is 21%, consistent with 21% in fiscal 2019 and 24% in 2018. In 2015, the H-1B denial rate was 6%. IT consulting companies account for the highest H-1B denial rates, which increased by 14 percentage points from fiscal year 2015 through the first three quarters of 2020. Fiscal Year H-1B denial rate 2020 (Q1-Q3) 21% 2019 21% 2018 24% 2017 13% 2016 10% 2015 6% Source: USCIS Fiscal Quarter 2020 H-1B Denial Rate 2019 H-1B Denial Rate Q1 30% 32% Q2 27% 35% Q3 7% 10% Q4 Not yet available 15% Source: NFAP This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com. Copyright © 2020 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.