Christopher B. McKinney, Attorney at Law, LLC


H-1B Denial Rates

H-1B denial rates have increased significantly in the past 2 years. Without question this is due in part to the current administration’s policies as outlined in the Buy American Hire American memo and the memo related to “computer jobs.” Nearly current, and perhaps accurate, approval and denial data can now be found by accessing the new USCIS H-1B Employer Data Hub. The denial rate for FY2019 filings is at 32% up from 6% in FY2015. I am sure the FY2019 denial rate will increase as the results from the 2nd quarter of FY2019 are added. The increase in denials is unprecedented. Stuart Anderson, a contributor to Forbes, and director of the National Foundation for American Policy provides a good overview of the data here. While the Trump administration has stated a desire to increase merit-based immigration, the practical policy, as evidenced by H-1B petition denials, appears to be a severe decrease in the number of high-skilled workers admitted to the United States.