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<ul><li>H1-B denial rates for initial petitions have increased from 6% in 2015 to 32% within the first quarter of 2019. </li><li>Attorneys and employers believe it’s because the United States Citizenship and Immigation Services has increased the standard of proof the approval of H1-B visas.</li><li>Top companies, like Amazon, witnessed their denial rate skyrocket from 3% to over 30% for continuing H1-B petitions.</li></ul>Denial rates for H-1B petitions is at an all time high and attorneys believe its because the United States Citizenship and Immigration Services (USCIS) has <a href="https://www.uscis.gov/h-1b-data-hub">increased</a> the standard of proof for approval without the requisite legal authority. H1-B denial rates for initial petitions have increased four times between 2015 to 2018, from 6% to 24%. The denial rates have spiked further to 32% in the first quarter of 2019 . An analysis by the National Foundation for American Policy (NFAP) <a href="https://nfap.com/wp-content/uploads/2019/04/H-1B-Denial-Rates-Past-and-Present.NFAP-Policy-Brief.April-2019.pdf">states</a> that, in contrast, denial rates have never exceeded 8% in the years between 2010 and 2015. 
 
 
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 Even for people who already have H-1B visas, the denial rate for continuing petitions have trebled to 18% from a mere 3% in 2015. For eight years, between 2009 to 2017, the upper threshold for denial rates for such requests was 6%. 
 
 
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 The e-commerce giant, Amazon, saw a 17% denial rate on 228 H1-B petitions for continuing H1-B. In fact, almost every top employer on USCIS’ list saw an increase in their denials — in some cases, jumping from 2% to over 30%. Trump said that he wanted more ‘highly skilled’ immigrants to come to the US when he <a href="https://www.whitehouse.gov/presidential-actions/presidential-executive-order-buy-american-hire-american/">issued</a> the ‘Buy American, Hire American’ executive order in 2017. Indian applicants, in particular, have a lot at stake. Over 75% of all H-1B visa applications <a href="https://www.businessinsider.in/indians-accounted-for-75-of-all-h1b-visas-in-the-us-in-the-last-two-years/articleshow/64079333.cms">between</a> 2016 and 2018 were from India. The April 2017 executive order <a href="https://www.businessinsider.in/trump-may-have-an-ugly-surprise-for-h-1b-applicants-and-indian-it-companies/articleshow/67552613.cms">left</a> 65,000 people out of the general quota reducing the number of visas available to less-skilled workers usually employed by the Indian IT companies. But, in reality, lawyers have <a href="https://www.businessinsider.in/trump-said-he-wanted-more-highly-skilled-immigrants-to-come-to-the-us-but-skilled-educated-foreign-workers-are-leaving-the-us-dejected-saying-trump-doomed-their-american-dreams-leaving-businesses-in-the-lurch-/articleshow/68234469.cms">observed </a>an increase in the denial rate of H1-B visas for skilled applicants as well. Dejected candidates have reportedly been <a href="https://www.businessinsider.in/skilled-foreign-workers-are-giving-up-on-their-american-dreams-and-turning-to-canada/articleshow/68659342.cms">shifting</a> their aspirations to aim for a Canadian visa. The sudden and sharp increase in H1-B denials raises serious legal and policy questions <a href="https://www.forbes.com/sites/stuartanderson/2019/04/10/new-data-show-h-1b-denial-rates-reaching-highest-levels/#36bccee6797f">according</a> to Willam Stock, a founding member of Klasko Immigration Law Partners, who reviewed the data for Forbes. Stock explains, "One thing that is clear to me is that the data backs up what employers have been saying for the last two years: USCIS has raised the legal standard they use to decide whether enough evidence has been presented with petitions to approve them, without any legal authority to do so and without any notice to the public." The consequence of such high denial rates can have an impact on international students, expanding businesses, and applicants awaiting their green card approval. NFAP noted that only 20% of full-time computer science and electrical engineering students in US universities are actually citizens of the US. See also: <a href="https://www.businessinsider.in/skilled-foreign-workers-are-giving-up-on-their-american-dreams-and-turning-to-canada/articleshow/68659342.cms">Skilled, foreign workers are giving up on their American dreams - and turning to Canada</a> <a href="https://www.businessinsider.in/Rejections-for-standard-work-visas-have-shot-up-under-the-Trump-administration-but-some-companies-have-avoided-the-trend/articleshow/68143712.cms?utm_source=ten_minutes_with&amp;utm_medium=Referral&amp;utm_campaign=Content_Patnership">Rejections for standard work-visas have shot up under the Trump administration, but some companies have avoided the trend</a> <a href="https://www.businessinsider.in/indians-accounted-for-75-of-all-h1b-visas-in-the-us-in-the-last-two-years/articleshow/64079333.cms">Indians accounted for 75% of all H1B visas in the US in the last two years</a>

US Immigration is denying more H1-B visas than ever before — without notice or authority

<a href="http://www.businessinsider.in/searchresult.cms?query=donald+trump&amp;sortorder=effectivedate">US President Donald Trump </a>has vowed to bring back jobs to Americans by cutting down the dependency on professionals on <a href="http://www.businessinsider.in/searchresult.cms?query=H1B+visa&amp;sortorder=effectivedate">H1B visas</a>. 
 
Trump has kickstarted a ‘<a href="http://www.businessinsider.in/searchresult.cms?query=made+in+america&amp;sortorder=effectivedate">Made in America</a>’ campaign, which follows only one rule ‘buy American, hire American’. 
 
“My administration will follow a simple rule — buy American, hire American. Years earlier we used to take pride in buying things ‘Made in America’. We love our companies, but we don’t love them when they go out of our country. There will be consequences,” Trump had said at an event. 
 In this regard, the <keyword id="1247383" type="UNKNOWN" weightage="20" keywordseo="H1B-visa-programme">H1B visa programme</keyword> bill was reintroduced in the <keyword id="6356037" type="ORGANIZATION" weightage="20" keywordseo="white-house">White House</keyword> recently, suggesting to increase the minimum salary of H1-B visa holders to $1,00,000 per annum and prohibiting companies from hiring H1-B employees if they employ more than 50 people and more than 50% of their employees are H1-B and L-1 visa holders. 
 
If the bill gets passed, it is certain that many countries, especially India, will face the heat. But, even the US will be at the losing end. 
 
Even if American companies don’t want to hire H1B professionals, they are bound to because what’s at stake is –<a href="http://www.businessinsider.in/searchresult.cms?query=innovation&amp;sortorder=effectivedate">innovation </a>and <a href="http://www.businessinsider.in/searchresult.cms?query=technology&amp;sortorder=effectivedate">technology</a>. 
 “There is a misunderstanding in the Trump administration and by many Americans that <keyword id="1741668" type="UNKNOWN" weightage="20" keywordseo="H1B-workers">H1B workers</keyword> are taking away American jobs. I can tell you companies don’t want to hire H1B employees as they are expensive and the process is complicated. But, they don’t have Americans with those degrees. The problem is there are no Americans graduating in technology and tech degrees. If the effort of the new administration is to increase the productivity and innovation, that’s great but they cannot do that by snatching away the talent those companies need,” said Jose Latour, President &amp; Managing Director, American Venture Solutions, who is also a former diplomatic and consular with over 25 years of investment based immigration experience. 
 
India sends highest number of H1B visas and the new bill will definitely impact the Indian IT sector. 
 
READ ALSO:<a href="http://www.businessinsider.in/these-are-top-10-companies-that-will-be-adversely-affected-due-to-us-new-h1-b-visa-rule-and-the-salaries-they-offer-to-their-workers/articleshow/56891402.cms"> These are top 10 companies that will be adversely affected due to US' new H1b visa rule</a> 
 
It is noteworthy that this is not the first time H1B visa programme is facing the heat. 
 
“There was a similar situation some 15 years ago. A senator from Miami wanted to eliminate H1B and Microsoft was opening a new factory in Washington. Bill Gates then moved to Canada. There were hundreds of jobs that went to Canadians. America cannot work without foreign degree professionals in science. We all know that. This is a big political game. It will destroy innovation in America,” said Latour. 
 
So, in case Trump wants to increase jobs for Americans, he will have to compromise in tech and innovation. It is time to wait and watch!

Here’s why US cannot afford to lose H1B professionals. This is what’s at stake

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US Immigration is denying more H1-B visas than ever before — without notice or authority

Prabhjote Gill

Here’s why US cannot afford to lose H1B professionals. This is what’s at stake

Akanksha Jain

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