Immigration News - H-1B, United States Analysis indicates H-1B denial rate reached all-time low in FY 2022 Share this article LinkedIn Facebook X (Twitter) March 1, 2023 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. Fiscal Year New Employment H-1B Denial Rate 2022 2% 2021 4% 2020 13% 2019 21% 2018 24% 2017 13% 2016 10% 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. Copyright © 2023 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.