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Increase in RFEs and H1B Denials under Trump Administration

According to a new report by the National Foundation for American Policy (NFAP), the number of H-1B visa denials and Requests for Evidence (RFEs) has increased significantly soon after President Trump issued the “Buy American and Hire American” Executive Order in April 2017.

The NFAP report is based on data obtained from the United States Citizenship and Immigration Services (USCIS).

  • H-1B Denials increased by 41% from Quarter 3 to Quarter 4 of fiscal year 2017;
Fiscal Year 2017Quarter 1Quarter 2Quarter 3Quarter 4
H-1B Denial Rate19.8%17.3%15.9%22.4%
  • The number of H-1B RFEs in Quarter 4 was more than the first three quarters of the fiscal year combined;
Fiscal Year 2017Quarter 1Quarter 2Quarter 3Quarter 4
H-1B RFE Rate17.3%13.5%22.5%68.9%
  • The denial rate for L-1A and L-1B petitions increased between the 1st and 4th Quarter of Fiscal Year 2017;
Fiscal Year 2017Quarter 1Quarter 4
L-1A Denial Rate12.8%21.4%
L-1B Denial Rate21.7%28.7%

The above data indicates how the Trump administration is limiting the admission of high-skilled foreign nationals, even though economists believe America greatly benefits from the entry of foreign-born scientists and engineers.

(Data Source: U.S. Citizenship and Immigration Services, National Foundation for American Policy calculations.)

Amit Solanki, Immigration Executive

Keywords: RFEs, H-1B, Denials, Trump administration, USCIS

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This website www.lawquestinternational.com and the contents thereof are merely for informational purposes and not in the nature of solicitation or an advertisement. Similarly, any content posted by LawQuest on this website shall not be construed as legal advice. LawQuest takes no liability for consequences of any action taken by you relying on the content posted on this website.

By visiting this website, you confirm and acknowledge that you have voluntarily sought the information relating to and/or posted by LawQuest and there has been no solicitation/advertisement/inducement by either LawQuest and/or its members.