L-1 Denial Rates Increase Again for High Skill Foreign Nationals

The denial rate for L-1B petitions to transfer high-skilled employees into the United States increased to an historic high of 35 percent in FY 2014, according to data obtained from U.S. Citizenship and Immigration Services (USCIS). In FY 2006 the denial rate for L-1B petitions was only 6 percent. It rose to 30 percent in FY 2012 and to 34 percent in FY 2013, representing a more than five-fold increase in the rate of denials despite no new regulation changing the adjudication standard. Employers say USCIS actions affect their ability to increase jobs, innovations and production inside the United States. Since 2012, USCIS has pledged to issue guidance on transferring employees with “specialized knowledge” on L-1B petitions, a pledge repeated in November 2014. USCIS released the data in response to a Freedom of Information Act (FOIA) request filed by the National Foundation for American Policy.

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