H-1B in FY 17: Warnings for Future Applicants
These last several months featured some of the most radical changes to legal immigration in recent history. American businesses interested in hiring foreign nationals now struggle to stay updated on new procedures and practices coming out of USCIS, especially regarding the approval of highly skilled employees. Many employees capable of filling highly skilled, high demand positions are now denied H-1B benefits under new processing procedures. Many companies are shocked as many potential employees considered a shoo-in for H-1B benefits in years past now face increased requests for evidence (RFE) or straight out denials. The current presidential administration’s distaste for legal immigration is not only evident in recent rhetoric, but also in the numbers. Fiscal Year 2017 (FY 17) saw a drastic increase in both RFEs and denials following the inauguration of the current president.
The Numbers
According to the National Foundation for American Policy (NFAP), FY 2017 saw the most drastic changes in legal immigration between the 3rdand 4thquarter, coinciding with the first several months of the Trump administration. In fact, between the 3rdquarter and 4thquarter of FY 2017, RFEs for H-1B petitions increased by over 120%, a jump from 28,711 in quarter three and 63,184 in quarter four. This increased scrutiny from USCIS adjudicators was far from indiscriminate; nearly three out of four H-1B applicants from India received a request for evidence in the 4thquarter. Comparably, applicants from other countries received RFEs at a rate of 61% in the 4thquarter of FY 2017. Foreign nationals from India were further disadvantaged in the 4thquarter with a 42% increase in the rate of H-1B petitions deniedfor compared to professionals denied in the 3rdquarter of 2017. In quarter three, only about one out of six applicants from India were denied H-1B benefits compared to nearly one out of four in quarter four (16.6% and 23.6% respectively). Other countries experienced a similar decline, with denial rising from 14% to 19.6% from the 3rdto 4thquarter. In conjunction with recent changes to notice of denials and requests for evidence, the upward trend of both H-1B RFEs and denials may result in an unprecedented rate people leaving the country.