H-1B Visa Denials, Solid Hit to IT Industry

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US Citizenship and Immigration Services (USCIS) released the data recently that shows increased scrutiny of H1B applications, with an increase in requests for Evidence (RFEs).

 

Data for the first quarter of US fiscal 2019 shows that 60% of all completed H-1B cases had been issued RFEs. But during fiscal 2018, it was 38% and 21% in 2017 fiscal.

 

By issuing an RFE, the agency seeks additional evidence before it adjudicates an H-1B application. If the evidence submitted doesn’t satisfy USCIS officials, the application will be rejected.

 

Nearly 60,000-odd RFEs were sent during the first quarter of fiscal 2019 whereas during fiscal 2018, 1.50 lakh were opposed and during 2017, 86,000 were opposed.

 

Denial Rates for IT Companies:

1. Capgemini – 80%
2. Cognizant – 61%
3. Infosys – 54%
4. Mindtree – 40%
5. Wipro and L & T (combined)– 23%
6. Amazon, Apple, Google, Intel, Microsoft (US-headquartered companies) – around 1%

 

Reasons for Denial of H1B according to USCIS:

1. Inability to establish that the position is a specialty occupation by the sponsoring employer.
2. Inability to substantiate a valid employer-employee relationship.
3. Lack of evidence of specific assignment at third party sites for the entire visa duration requested.

 

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