Jump to content
Dashinka

Guest worker visas are being denied at record rates

 Share

3 posts in this topic

Recommended Posts

Filed: Citizen (apr) Country: Russia
Timeline

Denial rates for high-skilled worker visas have quadrupled since 2015, a trend that makes it much harder for companies that rely on these workers to find and retain talent.

According to data from U.S. Citizenship and Immigration Services, denial rates for first-time H-1B visa applicants increased from 6% to 24% between fiscal years 2015 and 2018. And the trend is growing.

Through the first half of fiscal year 2019, USCIS denied 33% of initial H-1B visa applications, data shows.

 

https://www.detroitnews.com/story/business/2019/08/20/guest-worker-visas-denied-record-rates/39984601/

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Link to comment
Share on other sites

First, the article's title is wrong. It talks of visa denials, but only refers to USCIS denial rates for petitions. It's sloppy at best to not at least point out the difference to readers.

 

As the article noted, previously petitions were mostly rubber-stamped by USCIS so long as basic requirements were made, and COs were left with making decisions that really aren't their job to make (if the position matched and met the petitioning requirements). Most were not very quick to overrule that, and those that were  sent back, often were reaffirmed. Now, USICS is scrutinizing the petitions more closely, hence the increased denial rate.

 

Quote

“The H-1B program is rife with abuse and exploitation, but prior administrations — both GOP and Democratic — essentially rubber-stamped petitions,” he said. “I’m sure employers don’t like the increased scrutiny, but that doesn’t mean the government is doing anything wrong.”

- Ron Hira, a professor at Howard University who has been looking at the H-1B visa program for years

 

H-1B visas are bound by quotas (barring some exceptions that are unlikely to be heavily impacted by the extra scrutiny) and there are far, far more applicants than the quota, so the same number of visas are ultimately being issued in the end. They're just being issued to different individuals.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Russia
Timeline
26 minutes ago, geowrian said:

First, the article's title is wrong. It talks of visa denials, but only refers to USCIS denial rates for petitions. It's sloppy at best to not at least point out the difference to readers.

 

As the article noted, previously petitions were mostly rubber-stamped by USCIS so long as basic requirements were made, and COs were left with making decisions that really aren't their job to make (if the position matched and met the petitioning requirements). Most were not very quick to overrule that, and those that were  sent back, often were reaffirmed. Now, USICS is scrutinizing the petitions more closely, hence the increased denial rate.

 

 

H-1B visas are bound by quotas (barring some exceptions that are unlikely to be heavily impacted by the extra scrutiny) and there are far, far more applicants than the quota, so the same number of visas are ultimately being issued in the end. They're just being issued to different individuals.

I agree on all points, particularly the state of journalism today. :)

 

I also agree, there are 85000 H1Bs being issued every year, so no real change there.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...