Immigration Law

Documents Reveal USCIS Policies to Restrict Visas

Stuart Anderson, Forbes, Sept. 19, 2019

"New government documents reveal the increase in denials and Requests for Evidence for H-1B petitions are part of an effort by U.S. Citizenship and Immigration Services (USCIS) to achieve desired results – fewer high-skilled foreign nationals working in America. The American Immigration Lawyers Association (AILA) made the documents public after settling a Freedom of Information Act (FOIA) lawsuit.

“Denial rates for H-1B petitions have increased significantly, rising from 6% in FY 2015 to 32% in the first quarter of FY 2019,” according to a National Foundation for American Policy (NFAP) analysis. The Request for Evidence (RFE) rate on H-1B petitions reached 60% in the first quarter of FY 2019.

The USCIS documents, which previously were hidden from the public, help explain how USCIS policies have increased H-1B denials and Requests for Evidence. The USCIS document titled “H-1B RFE Standards” is dated March 23, 2017, while “H-1B AC21 Denial Standards” is dated July 17, 2017, evidence the documents reflect the Trump administration’s new immigration policies."