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Lev Kobrin
02-15-2012, 01:14 AM
Report suggests dramatic increase in denials of H-1B and L-1 petitions by USCIS
February 14, 2012
A recent report of the National Foundation for American Policy (NFAP), a non-profit, public policy research organization based in Arlington, Virginia, suggests that there has been a dramatic increase in denials of L-1 and H-1B petitions by the USCIS over the past four years. According to the report, the rate of denials, and the rate of issuing RFEs for different types of petitions have gone up over the past 4 years, and were as follows:
Denial rate for petitions filed with USCIS
Petition Type Denial Rates
FY 2007 FY 2008 FY 2009 FY 2010 FY 2011
H-1B 11% 16% 29% 21% 17%
L-1A 8% 9% 15% 13% 14%
L-1B 7% 22% 26% 22% 27%
O-1A 4% 4% 10% 11% 8%
RFE rate for petitions filed with USCIS
Petition Type RFE Rates
FY 2007 FY 2008 FY 2009 FY 2010 FY 2011
H-1B 18% 20% 35% 28% 26%
L-1A 24% 27% 32% 37% 51%
L-1B 17% 49% 35% 44% 63%
O-1A 13% 19% 28% 30% 27%
Considering that denial of a visa petition or even delay in obtaining approval for a visa petition can have a serious impact on the plans of the hiring employers and organizations, it is essential that they take effective steps to ensure that their petitions are properly prepared and duly filed with all necessary supporting documentation.