H-1B visa approval rate rises by 4% in Q2 of 2020

MUMBAI: Statistics released today by the US Citizenship and Immigration Services (USCIS) for the quarter ended March 31, 2020 (Q2 of fiscal 2020), shows a slight improvement in the approval rate of H-1B applications. However, these applications continued to face the challenges of strict vetting, as is reflected in the continued high rates of requests for evidence (RFEs).
Fragomen, a global immigration law firm, has done the number crunching. In its release, it states that in the second quarter of fiscal year 2020 (year ended September 30, 2020), the H-1B approval rate was 87.1%, up by almost 4% from the same period in fiscal 2019. However, it pointed out that approval rates remain well below fiscal 2015’s overall H-1B approval rate of 95.7%.
As per USCIS data, 79,332 new applications were received in Q2 of fiscal 2020 and initial approvals aggregated to 91,047. The numbers do not tally as some of the applications approved or denied would have been received in a different time period. In the same quarter of the previous fiscal, 67,302 new applications were received and initial approvals totalled 80,530.

According to industry watchers, it is the IT services sector (which deputes its H-1B workers to third party client sites) that faces higher rejection rates and also a greater number of RFEs prior to approval or rejection of the H-1B application by USCIS.
The H-1B RFE rate was 35.8% in the second quarter of fiscal 2020, up 0.5% from the same period in fiscal 2019. RFE rates remain well above fiscal 2015’s rate of 22.3%. The odds of approval after an RFE were 68.2%, up nearly 10% from the same quarter in fiscal year 2019, cites Fragomen. The global law firm adds that the rate of approvals after RFE remain well below fiscal 2015’s rate of 83.2%.
Data based on country of origin of the H-1B beneficiaries is not released by USCIS. However, in the past years, at least 60% of new H-1B visa allotments were to Indian nationals.
As reported by TOI, in its edition of April 24, US President Donald Trump has sought a review of the non-immigrant visa program, including the popular H-1B work visa. Trump wants the Secretaries of Labour and Homeland Security to review (within thirty days) these programmes and recommend ‘other measures’ appropriate to stimulate the US economy and ensure prioritisation, hiring and employment of US workers.
While the final set of recommendations are still awaited, according to industry watchers, H-1B visa regulations could be tightened, which could spike the denial and RFE rates. They also foresee lawsuits against any amendment in the non-immigrant visa programs.