Search
Contact
Login
Share this article
L-1B denial rates remained high in fiscal year 2015, with one in four petitions being denied, according to statistics recently released by U.S. Citizenship and Immigration Services.
L-1B nonimmigrant visas allow employers with overseas offices to transfer employees possessing “specialized knowledge” to their affiliated U.S. operations.
Of the 13,814 petitions the agency adjudicated during the fiscal year (Oct. 1, 2014 to Sept. 30, 2015), 75 percent (10,368 petitions) were approved, and 25 percent (3,446 petitions) were denied, terminated or withdrawn.
According to quarterly L-1B numbers published by USCIS, denial rates have improved in the last two quarters of fiscal 2015, falling from approximately 28 percent and 30 percent in the first and second quarters, respectively, to 21 percent in both the third and fourth quarters.
L-1B petitions by quarter, fiscal year 2015:
BAL Analysis: The numbers confirm the continued challenges faced by employers and their employees in applying for L-1B visas. L-1B petitions have been plagued by high rates of Requests for Evidence (RFEs) and denials, causing uncertainty for businesses relying on this route to transfer foreign employees with specialized knowledge. In August, USCIS issued guidance on how petitions are to be adjudicated by officers in order to clarify criteria for the L-1B visa. The guidance memorandum took effect Aug. 31, and its impact on approval rates remains unclear, given its very recent implementation and the subjective nature of these adjudications.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
The U.S. Department of Labor has posted updated processing times for permanent labor certification (PERM) applications. PERM Processing: As…
Immigrant visa issuance continued to climb in fiscal year 2023, surpassing pre-pandemic totals, according to recently published State…
EU member states’ ambassadors have agreed on a draft regulation that would let the EU suspend visa-free travel for countries…
U.S. Citizenship and Immigration Services announced this week that it will implement a streamlined process to provide Employment…