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USCIS Rejecting L-1 and H-1B Petitions

Written By The Shapiro Law Group on April 29, 2012

A recent report by the National Foundation for American Policy has demonstrated that adjudicators for the U.S. Citizenship and Immigration Services (the USCIS) have intensified their scrutiny of the popular L-1 and H-1B visa petitions utilized by domestic employers who need to import foreign workers with special knowledge or occupational experience.

Among other things, the report noted that:

  • Denial rates for L-1B petitions rose from 7 percent in FY 2007 to 27 percent in FY 2011.
  • The Request for Evidence rate for L-1B petitions rose from 2 percent to 63 percent of all petitions in the last 7 years.
  • The Request for Evidence rate for L-1A petitions rose from 4 percent in FY 2004 to 51 percent in FY 2011.
  • The denial rate for H-1B petitions was just 11 percent in FY 2007, but it rose to an average of 22 percent over the next 3 years.
  • For H-1B petitions, the Request for Evidence rate rose from 4 percent in FY 2004 to 26 percent in FY 2011.

This kind of action by the USCIS only serves to encourage companies to keep their labor outside of the U.S. while hampering the domestic economy.

Furthermore, American companies have reported that time lost due to the increase in denials and Requests for Evidence are costing them millions of dollars in project delays and contract penalties, while aiding foreign competitors.

It has become very difficult for employers to get through the H-1B and L-1 Visa processes without the aid of a top notch advocate.

If you are an employer or employers representative and need assistance with understanding or navigating the visa process, please do not hesitate to contact our offices at (847) 564-0712 and/or check out our immigration law Website for more information.