Not just the H1B Visa; it is getting increasingly difficult to even get the L1 Visa. The refusal rate for both the L1A and L1B Visas have increased in recent times.
The L1A Visa is for Managers and Executives while the L1B Visa is for workers with specialized expertise. Since India does not qualify for the E1 and E2 Visas, there is no other option but to file for the L1 Visa.
As per the USCIS, it has approved fewer L1 Visas in the 2019 fiscal year. According to analysts, the decline in both the L1A and L1B Visas have been attributed to incorrect documentation by visa applicants.
As per figures released by USCIS, only 71% of L1A and L1B Visa applications have been approved in FY 2019. In comparison, 77.8% of L1A and L1B Visa applications were approved in FY 2018. The financial year of the USCIS runs from October to September.
The L1 Visa of the US is mostly used by technology firms to transfer employees from other countries to the USA. Small businesses also use the L1 Visa category to set up a company in the US.
As per analysts, L1 Visa rejections can mostly be attributed to wrong or incomplete documentation and compliance issues.
L1 Visa rejections were unheard of in the past. However, with the Trump Govt. increasing scrutiny over US visas, the rejection rate has spiked.
While the rejection rate of L1 Visas has increased, the approval rate of H1B Visas have also increased but slightly. As per the USCIS, 84.8% of H1B applications have been approved in FY 2019 in comparison to 85.4% in FY2018.
Even though H1B approvals have increased slightly, the approval rate is much lesser as compared to the previous year. In FY2015, the H1B approval rate was as high as 95% with Indian companies as the biggest beneficiaries. Two-thirds of all the visas approved went to Indian companies.
H1B Visa applications have come under strict scrutiny under the Trump Govt. The number of RFE (Requests for Evidence) has increased with a higher rejection rate. In FY2019, almost 40.2% of H1B Visa applications were issued RFEs which is 2% higher than FY2018.
In 2015, 83.2% of H1B Visa applications were approved by the USCIS with RFE. In FY2019, the number has shockingly dropped to 65.4%, as per ABC News.
Indian IT firms are the biggest H1B beneficiaries and have even overtaken US tech giants like Amazon. The denial rate of H1B Visas for Indian tech companies continues to increase and has reached almost 50% in the first half of FY2019. The increase in the rejection rate can be attributed to Trump’s “Buy American Hire American” policy.
Y-Axis offers a wide range of Visa and Immigration products as well as services for aspiring overseas students including Work Visa for the USA, Study Visa for the USA, and Business Visa for the USA.
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