Stats show low success rates for H-1B, L-1 and EB-1 administrative appeals

10 Jul 14

UNITED STATES

The approval rates for H-1B, L-1, and EB-1 petitioners who file administrative appeals are extremely low, according to recently released statistics by U.S. Citizenship and Immigration Services (USCIS).

In fiscal year 2013, the chances of success for all three categories were in the single-digit percentages. Only 1 percent of H-1B (Specialty Occupation) appeals adjudicated by the Administrative Appeals Office (AAO) were approved, while 7 percent of L-1 (Intracompany Transferee) and 4 percent of EB-1 (Extraordinary Ability) appeals were approved.

Moreover, the success rates were all lower than those in 2012. The statistics appear in the USCIS Ombudsman’s 2014 Annual Report released June 27. The report includes raw numbers for AAO receipts, sustains (approvals) and dismissals (denials) for fiscal years 2011, 2012 and 2013. They do not include rejections, withdrawals or remands, or cases that USCIS decided favorably on initial review and therefore did not forward to AAO.

AAO decision rates: H-1B, L-1, EB-1 appeals:

H-1B Appeals 2011 2012 2013
Approved 15 19 12
Adjudicated 600 1,004 870
Success Rate 2.5 % 2 % 1 %

 

L-1 Appeals 2011 2012 2013
Approved 4 26 37
Adjudicated 87 343 545
Success Rate 5 % 8 % 7 %

 

EB-1 Appeals 2011 2012 2013
Approved 11 14 8
Adjudicated 195 296 201
Success Rate 6 % 5 % 4 %

BAL Analysis: The numbers indicate the difficulty of winning appeals of USCIS decisions in three critical categories for U.S. business.

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