While 2021 was full of immigration challenges due to continued Covid-19 restrictions and geographic travel bans, we are ending the year on a high note. We are proud to report that overall, we experienced some of the highest success rates on H-1B that we’ve seen in the last 5 years.

As many of our clients know, over the past few years, the H-1B program has been subject to extremely restrictive policies and increased denial rates.

• USCIS Historical H-1B Denial Rates:
  • In 2015, the denial rate for H-1B was 6%.
  • In 2016, denials rose to 10%,
  • 2017 denials rose again, to 13%.
  • 2018 denials rose yet again, to 24%.

At its peak, almost a quarter of H-1B petitions filed in the U.S. were denied by USCIS. In 2019, it lowered slightly to 21%, but the impact was still widely felt by companies. However, following the ITServe lawsuit in March 2020, USCIS was forced to formally rescind its 2010 and 2018 policy memorandums. Since that time, the H-1B program has been restored to more reasonable adjudication practices. We’ve taken full advantage of the more favorable climate and strategized to ensure we maximize our clients’ success in this area.

For purposes of this article, we looked at a random sampling of 115 H-1B cap cases that we filed throughout 2021, during both filing periods. This sampling includes companies of all sizes, in all different geographic areas, across different industries.

• Our 2021 H-1B Approval Rates:
  • 100% of the cases that have received a decision have been approved. To date, 86% of H-1B filings of 2021 have received that final approval. Not one case that has a decision has been denied.
  • 84% of the approved filings received a straight approval, without receiving a Request for Further Evidence (RFE) from USCIS.
  • Another 16% of filings were approved after an RFE.
  • Only 13% of the 2021 H-1B filings remain pending, which includes the petitions recently filed in the second-round filing period that just ended on November 3, 2021.
  • RFEs resulted in a 99% approval result.
  • All 10 Notices of Intent to Deny/Revoke were approved after ILBSG response, resulting in another 100% approval result.

While the favorable immigration climate in this area certainly helps, it is our diligence and close attention to detail that has maximized these results. While many have interpreted the eliminated policy memoranda to mean much of the previously required supporting documentation is no longer needed, we’ve taken a different approach.

At ImmigrationUSA, we want you to have the best possible outcome, which doesn’t mean taking the easy way out. We continue to file H-1B petitions with extensive supporting documentation at the initial filing stage to ensure approval and eliminate the possibility of a complex or unnecessary RFE. While USCIS provides a list of the basic required documents you need to file the H-1B petition at the initial stage, we always take it a step further and include supporting documentation to meet every H-1B eligibility requirement, including evidence of all four specialty occupation criteria (when only one is required). We know that USCIS has heavily targeted specialty occupations in the past, issuing complex RFEs in this area. To avoid this kind of RFE altogether, we provide USCIS ample documentation at the filing stage, including evidence of industry standards and the employer’s past hiring practice. Looking at the same random sampling of RFE cases, only 9% had this issue raised.

The data is clear… our approach works.

In addition to ensuring all H-1B petitions filed include the strongest supporting documentation possible, we also work hard to make sure our cases are approved quickly. By providing all documentation at the initial filing stage, USCIS is able to adjudicate our cases quickly without delay. We file the petitions as early as possible, to ensure the approval is in hand by the October 1 start date. While some clients choose to pay the additional USCIS fee for premium processing, We work hard to ensure that even clients who file in regular processing do not suffer from lengthy delays. Strong documentation and early filing make this possible.

As we head into 2022 and prepare for another H-1B cap season, we encourage our clients to consider the current environment and strategize early to maximize their results.  Our data support our advice. We urge everyone to plan early and take full advantage in the coming year.

If you have H-1B related questions or need help planning for the upcoming H-1B lottery or any immigration-related issue, reach out to us at ImmigrationUSA today. We are here to help you maximize your odds of timely approval for your H-1B filings. Our law firm, International Legal and Business Services Group, is currently welcoming new clients. Contact us today to see how we can help you with your H-1B request.