H-1B employers failed to appeal H-1B visa denial in 98 percent cases in 2019

Study finds a 24 percent uptick in high skill visa rejections under Trump administration.

The high rate of H-1B visa denials seems to be increasing manifold under Trump administration’s Buy American, Hire American (BAHA) policy, but a new study also reveals a disconcerting fact that employers challenge rejections only two percent of the time.

Multinationals, employers, visa applicants and attorneys have often expressed discontent at an uptick in the high-skilled visa denial rates which rose to 24 percent in 2018-19, as compared to only six percent until a few years ago.

However, a recent study by Center for Immigration Studies revealed that employers of H-1B workers, failed to appeal negative decisions USCIS a whopping 98 percent of the time in FY 2019.

READ MORE: Will we see a large number of H-1B denials this year? (April 12, 2019)

The fact that the low challenge numbers are seen despite complaints of rising denial rates, may give a reason to multinationals and big companies seeking high skilled visas to re-look into the rejection cases.

New data from CIS study may also help in giving some foresight to prospective employers who feel that their sponsored visa seekers may be unfairly treated.

The study also found that the industry, at the operating level, apparently accepts 49 DHS denials for every one instance of fighting a negative decision.

In an examination of two different Department of Homeland Security data systems, CIS found that in FY 2019, there were 69,543 initial H-1B denials recorded, but only 1,395 cases were appealed to the Administrative Appeals Office, another segment of DHS.

READ MORE: H-1B visa petitioners will witness an increase in the number of denials this year, according to experts (December 11, 2017)

The report also looked at the 2018 data and found a similar pattern. Of the nine categories of the most utilized appeals in 2018, H-1B ones came in dead last as to the percentage of cases appealed.

Noting that cost of litigation may also be a deterrent towards the bleak filing of challenges, CIS also went into the question “How much does it cost to appeal?

The government fee is $675. Adding another $4000 towards lawyers fee, an appeal would cost only $4,675. Yet 98 percent of the time employers are not willing to place such a bet, which totally undermines the industry’s bleats about increased denials.

READ MORE: New US visa rules makes migrating to Canada more attractive for Indian professionals (April 5, 2019)

So, as rising denials and Request for Evidence (RFE) continue to be major concerns for H-1B employers, the study may give some insight to multinationals to also look into their appealing rights to defend a fair visa seeker.

READ MORE: 

Trump administration proposes changes to streamline H-1B process(December 1, 2018)

Trump signs H-1B visa executive order ‘Buy American and Hire American’ (April 19, 2017)

Trump to sign executive order to overhaul H-1B visa program on Tuesday(April 18, 2017)

Anti-H-1B group sues the federal government to seek data from USCIS(April 20, 2018)

Trump administration may soon end H-4 Visa Rule: report (February 1, 2018)

Stronger economy may lead to more H-1B petitions (January 22, 2018)

Tech industry urges USCIS not to cancel H-4 spouses’ work permits(January 19, 2018)

Chuck Grassley again denounces H-1B visa program (January 18, 2018)

USCIS says it’s not ending H-1B visa extensions (January 9, 2018)

Proposed move to end H-1B extensions may affect up to 400,000 Indians in US (January 2, 2018)

DHS mulling major change to H-1B visa program (January 2, 2018)

H-1B visa changes in 2018: Employer preregistration, redefining the high specialty occupation, and withdrawal of work-permits of H-1B spouses(December 26, 2017)

Trump to end H-4 EAD program for spouses of H-1B workers (December 15, 2017)

H-1B visa petitioners will witness an increase in the number of denials this year, according to experts (December 11, 2017)

Indian IT companies are top recipients of L-1 visas, says USCIS report(October 13, 2017)

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