H1-B visa denials continue to increase

 Posted on September 10, 2020 in Immigration

The Trump administration has taken a harder stance on immigration in many ways. One those is in the number of H1-B visas it’s denying. A new analysis from the National Foundation for American policy found that more highly skilled foreign-born workers have been denied H1-Bs than ever before in recent years. The analysis focused on how the administration denied new applicants H1-B visas, not employees seeking an H1-B extension.

How denials are impacting employers

In the analysis, 20 of the top 25 U.S. employers report H1-B denial rates that are 10% higher for new applicants in 2020 than in 2015. Also, information technology companies reported more H1-B denials than companies in other industries. In fact, 10 IT companies had visa denial rates 20% higher in 2020 than in 2015.

Some of the IT companies that had highest rates of new applicant H1-B visa denials were the following:

• Infosys: 59%
• Cognizant: 52%
• Capgemini: 33%
• Tech Mahindra: 32%
• IBM: 19%
• Oracle: 19%
• Amazon and Google: 15%

Making the H1-B harder to obtain

The Trump administration also is pushing ahead to make the H1-B even visa harder to obtain. The administration wants to change what qualifies as a "specialty occupation" for this visa. The administration hasn’t provided information on exactly how it wants to change the definition of specialty occupations for H1-B visas yet though. However, it does want employers to prove they are paying these employees appropriate wages for their positions.

Many legal experts expect the new H1-B visa rules to spur court battles, especially if they are adopted before the election.

For foreign-born nationals seeking to obtain a H1-B, they always should work closely with an immigration attorney on their visa application. That way, they will have a better chance of getting their visa approved, allowing them to have the job they want in the United States.