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Immigration Denial Rates Plummet For Companies Transferring Employees
Recent statistics from USCIS reveal a significant decline in L-1B visa denial rates for companies transferring employees with specialized knowledge. As of FY 2024, the denial rate has plummeted to 10.2%, down from 33.7% in FY 2019. This dramatic decrease is attributed to the reinstatement of a policy granting deference to prior decisions and the more recent codification of this policy through the H-1B rule.
Immigration attorney Stuart Goel attributes the shift in denial rates to the 2021 USCIS Director Ur Jaddou’s decision to reinstate the policy of granting deference to prior decisions. This move provided greater consistency and predictability for extensions involving the same parties and facts, allowing employers to better plan for employee transfers.
The recent H-1B rule has further solidified this consistency by codifying the deference policy. Goel notes that while the decline in denial rates is encouraging, the L-1B approval process remains more challenging than many other employment-based visa categories, including H-1B petitions.
It’s worth noting that denial rates for H-1B petitions have remained relatively low, with a rate of 2.5% in FY 2024. This disparity underscores the ongoing challenges surrounding the interpretation of “specialized knowledge” required for L-1B visas.
In conclusion, it appears that USCIS’ policy shift towards granting deference to prior decisions has significantly impacted L-1B denial rates. While there is still room for improvement, this development provides a much-needed boost in predictability and consistency for employers seeking to transfer employees with specialized knowledge across borders.
Source: www.forbes.com
