Immigration News - Global Mobility, H-1B United States | H-1B denial rates up slightly from 2022 Share this article LinkedIn Facebook X (Twitter) March 1, 2024 H-1B denial rates in fiscal year 2023 increased slightly from FY 2022, according to a National Foundation for American Policy analysis of U.S. Citizenship and Immigration Services data. Despite the increase, H-1B denial rates for FY 2023 still remain substantially lower than during the Trump administration when they peaked in FY 2018. Fiscal Year New Employment H-1B Denial Rate 2023 3.5% 2022 2.2% 2021 4% 2020 13% 2019 21% 2018 24% 2017 13% The low 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. The NFAP analysis stated that “H-1B temporary status remains often the only practical way for an international student or other high-skilled foreign national to work long term in the United States” and said the 85,000 H-1B cap “remains the leading immigration problem for most tech companies.” The report can be read here. This alert has been provided by the BAL U.S. Practice Group. Copyright © 2024 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.