A new study from the CATO Institute, a think tank in Washington DC, shows that the denials are up about 37% under the new administration. The CATO institute did NOT include naturalization applications, TPS and Deferred Action for Childhood Arrivals applications in its statistics, as these are programs under fire right now by the administration.
Looking at some individual applications:
– I-129 denials went up from 16.8 percent to 22.6 percent
– Not surprisingly because of the previously discussed rule to deny I-131s if foreigners travel on their H-1B before it is approved, I-131 denials went up from 7.2% to 18.1%
– I-765 employment authorization denials increased from 6% to 9.6%
– Employment-based I-485s saw an increase in denials from 5.9% to 7.9%
– Fiance petitions were rejected at a more than a 50% higher rate, rising from a 13.6% denial rate to a 21% denial rate
To see the full article, please click here.
Personally, we have seen USCIS adjudicates cases in a more strict manner, which is tied to their changing how they interpret regulations, especially in the H-1B context. They are more stringent regarding what a specialty occupation is, over what constitutes the correct employer-employee relationship, as well as other critical issues in the H-1B context. While our office has not seen a rise in the denial rates of applications we submit, we definitely do see the increased scrutiny that USCIS is paying to particular applications. It certainly pays to be extra careful in drafting and filing these applications to ensure a smooth process with USCIS and to avoid getting caught up in their increased scrutiny.
Please remember, as always, this blog does not offer legal advice. If you need legal advice, consult with a lawyer instead of a blog. Thank you.