New H-1B Denial Rate Rose to 4% in FY2023, Still Far Below FY2018 Peak
An analysis by the National Foundation for American Policy, based on USCIS data, found that the denial rate for new H-1B petitions was 4% in fiscal 2023, up from 2% in fiscal 2022 but still well below the 24% peak in fiscal 2018. The analysis noted that the lower denial rates in recent years stemmed in part from litigation by applicants that prompted USCIS to issue new adjudication guidance in June 2020; it also cited the organization's view that H-1B remains the main route for highly skilled foreign nationals to work long term in the United States, and that the 85,000 cap remains the primary immigration problem for technology companies.
An analysis of USCIS data by the National Foundation for American Policy shows that the denial rate for new H-1B petitions in fiscal year 2023 was 4%, a slight increase from 2% in fiscal year 2022, but still well below the level during the Trump administration. During that period, the denial rate peaked in fiscal year 2018, when 24% of new H-1B petitions were denied.
The lower denial rates in recent years are partly attributable to litigation brought by applicants, which prompted USCIS to issue new guidance on H-1B visa adjudications in June 2020.
An analysis by the National Foundation for American Policy (NFAP) argues that the H-1B temporary status remains the only viable route for international students and other highly skilled foreign nationals seeking long-term work in the United States, and states that the 85,000 H-1B quota cap "remains the main immigration problem facing most tech companies." The full report can be viewed by clicking here.
