Important Updates
Important Updates
December 23, 2025 | ZimbabweZimbabwe: New Indigenization Regulations in Effect
December 23, 2025 | United StatesFranceinfo: États-Unis : bientôt une inspection au peigne fin des réseaux sociaux avant d'entrer sur le territoire
December 23, 2025 | CanadaToronto Star: Canada Wants to Bring in 1,000 Researchers and Skilled Workers. Here’s What It Will Take
December 23, 2025 | United StatesUnited States: DHS Issues Final Rule to Replace Random H-1B Cap Lottery with Wage-Level-Based Weighted System for H-1B Cap Allocation in Time for Implementation in Early 2026
December 23, 2025 | United StatesUnited States: USCIS Suspends Approvals of Pending Diversity Visa Adjustment Applications While Security Reviews Are Conducted
December 23, 2025 | ZimbabweZimbabwe: New Indigenization Regulations in Effect
December 23, 2025 | United StatesFranceinfo: États-Unis : bientôt une inspection au peigne fin des réseaux sociaux avant d'entrer sur le territoire
December 23, 2025 | CanadaToronto Star: Canada Wants to Bring in 1,000 Researchers and Skilled Workers. Here’s What It Will Take
December 23, 2025 | United StatesUnited States: DHS Issues Final Rule to Replace Random H-1B Cap Lottery with Wage-Level-Based Weighted System for H-1B Cap Allocation in Time for Implementation in Early 2026
December 23, 2025 | United StatesUnited States: USCIS Suspends Approvals of Pending Diversity Visa Adjustment Applications While Security Reviews Are Conducted
December 23, 2025 | ZimbabweZimbabwe: New Indigenization Regulations in Effect
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Report Confirms Steady Increase in USCIS Denial Rates for Employment-Related Filings

November 16, 2018

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • Denial rates for all immigration benefit requests are up by 37% since Fiscal Year 2016. 
  • USCIS statistics confirm that the agency has taken an increasingly restrictive approach to employment-based immigration since the Buy American, Hire American Executive Order and related policies were issued.

The situation

The Trump Administration’s Buy American, Hire American Executive Order, extreme vetting memorandum and related policies continue to contribute to a steady increase in denials for employment-related filings, according to a report issued by the Cato Institute. 

Analyzing newly released data from U.S. Citizenship and Immigration Services (USCIS) covering the first three quarters of Fiscal Year (FY) 2018, the report confirms that denial rates for all immigration benefits, including employment-based petitions, employment-authorization applications, advance parole applications, adjustment of status applications, etc., have increased by 37% since FY 2016.  In FY 2018 alone, the agency has steadily increased the number of cases it is denying, with 164,712 total denials in Q1, 196,849 total denials in Q2, and 202,361 total denials in Q3.

Trends by Form type

Though the Cato Institute report addresses a wide variety of case types, including family-based cases, the data related to employment-related filings are noteworthy. 

  • I-129 nonimmigrant worker petitions:  USCIS data show a steady increase in denial rates since FY 2016, with a 16.8% denial rate in FY 2016, a 17.1% denial rate in FY 2017 and a 22.6% denial rate in the first three quarters of FY 2018.
  • I-765 employment authorization document (EAD) applications: Though there was a slight drop in the denial rate between FY 2016 (6.0%) and FY 2017 (5.4%), there has been a substantial increase in FY 2018, with a current denial rate of 9.6%.
  • I-131 advance parole applications:  FY 2018 has seen an 18.1% denial rate thus far, up from 7.2% in FY 2016 and 8.0% in FY 2017.  This considerable increase may be the result of an internal USCIS policy, reported last year, to deny advance parole applications for abandonment when the applicant travels internationally during the pendency of the application, regardless of whether the applicant has underlying nonimmigrant status or a valid advance parole document.
  • I-485 employment-based adjustment applications: The data also point to a gradual increase in the denial rate for employment-based green card applications, with a denial rate of 5.9%in FY 2016, 6.0% in FY 2017 and 7.9% in FY 2018.​

What this means for employers

The Cato Institute report confirms that, consistent with Buy American, Hire American and extreme vetting priorities, USCIS has taken an increasingly restrictive approach to employment-based immigration, and employers face greater challenges in sponsoring high-skilled foreign nationals to work in the United States. These adjudication trends are likely to have more significant consequences for foreign nationals, as USCIS implements new policies related to unlawful presence. 

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Franceinfo: États-Unis : bientôt une inspection au peigne fin des réseaux sociaux avant d'entrer sur le territoire

Partner K. Edward Raleigh commented on proposed changes to US entry requirements.

Learn more

Video

The Schengen C Visa: What Non-EU Nationals Need to Know About 90/180-Day Travel

Business Immigration Consultant Marisa Gizzi from Fragomen explains everything about the Schengen C Visa: who needs it, how to apply and key travel tips to stay compliant in the Schengen Area. 

Learn more

Media mentions

Toronto Star: Canada Wants to Bring in 1,000 Researchers and Skilled Workers. Here’s What It Will Take

Partner Rick Lamanna discussed Canada’s $1B plan to attract global researchers.

Learn more

Blog post

Tier 1 Investor Visa Extension Deadline | February 2026 UK Update

Manager Alex Hood, Senior Associate Kimberley Ong and Immigration Paralegal Ataa Rajput explain the final extension and settlement deadlines for UK Tier 1 Investor visa holders and outline who can still qualify and why early action is essential.

Learn more

Media mentions

Business Insider: New H-1B Visa Rules Upgrade Some Lottery Applicants — and Squeeze Out Others

Partner K. Edward Raleigh on how the $100K H‑1B fee factors into hiring international talent.

Learn more

Media mentions

China Daily: HK Softens Imbalance in Wealth Migration

Managing Director Magdalene Tennant and Director Kitty Lo highlight Hong Kong as an attractive destination for global investors.

Learn more

Blog post

Countdown to the Italy Winter Games 2026: What You Need to Know Before Travelling

IPM Business Process Manager Hazel Yaman outlines key visa, work authorisation and border considerations for athletes, media, event staff and spectators travelling to Italy for the Milan–Cortina 2026 Olympic and Paralympic Winter Games, including the impact of the EU’s new Entry/Exit System.

Learn more

Media mentions

Gulf News: Moving to the UAE from the UK? Here’s Your Visa Guide for Jobs, Business and Golden Visas

Corporate Services Director Elena Caron highlights key considerations for UK nationals moving to the UAE.

Learn more

Media mentions

People Management: The UK’s Earned Settlement Proposal: What HR Leaders Need to Know

Associates Charlotte Roberts and Karina Casey highlight how the UK’s earned settlement proposal may influence global talent and HR planning.

Learn more

Media mentions

Konfederacja Lewiatan: Procedura legalizacji zatrudnienia cudzoziemców w Polsce po zmianach w 2025 r.

Poland Immigration Strategy Director Tomasz Rogala contributes to Konfederacja Lewiatan’s analysis on 2025 changes to work permits and foreign employment in Poland.

Learn more

Blog post

F and J Visa Updates: Social Media Checks Begin as DHS Proposes New Limits

Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.

Learn more

Awards

Fragomen Ireland Awarded the KeepWell Mark by IBEC

Fragomen Ireland is accredited with IBEC’s KeepWell Mark™, recognizing the practice’s commitment to wellbeing, inclusion and responsible business.

Learn more

Media mentions

Franceinfo: États-Unis : bientôt une inspection au peigne fin des réseaux sociaux avant d'entrer sur le territoire

Partner K. Edward Raleigh commented on proposed changes to US entry requirements.

Learn more

Video

The Schengen C Visa: What Non-EU Nationals Need to Know About 90/180-Day Travel

Business Immigration Consultant Marisa Gizzi from Fragomen explains everything about the Schengen C Visa: who needs it, how to apply and key travel tips to stay compliant in the Schengen Area. 

Learn more

Media mentions

Toronto Star: Canada Wants to Bring in 1,000 Researchers and Skilled Workers. Here’s What It Will Take

Partner Rick Lamanna discussed Canada’s $1B plan to attract global researchers.

Learn more

Blog post

Tier 1 Investor Visa Extension Deadline | February 2026 UK Update

Manager Alex Hood, Senior Associate Kimberley Ong and Immigration Paralegal Ataa Rajput explain the final extension and settlement deadlines for UK Tier 1 Investor visa holders and outline who can still qualify and why early action is essential.

Learn more

Media mentions

Business Insider: New H-1B Visa Rules Upgrade Some Lottery Applicants — and Squeeze Out Others

Partner K. Edward Raleigh on how the $100K H‑1B fee factors into hiring international talent.

Learn more

Media mentions

China Daily: HK Softens Imbalance in Wealth Migration

Managing Director Magdalene Tennant and Director Kitty Lo highlight Hong Kong as an attractive destination for global investors.

Learn more

Blog post

Countdown to the Italy Winter Games 2026: What You Need to Know Before Travelling

IPM Business Process Manager Hazel Yaman outlines key visa, work authorisation and border considerations for athletes, media, event staff and spectators travelling to Italy for the Milan–Cortina 2026 Olympic and Paralympic Winter Games, including the impact of the EU’s new Entry/Exit System.

Learn more

Media mentions

Gulf News: Moving to the UAE from the UK? Here’s Your Visa Guide for Jobs, Business and Golden Visas

Corporate Services Director Elena Caron highlights key considerations for UK nationals moving to the UAE.

Learn more

Media mentions

People Management: The UK’s Earned Settlement Proposal: What HR Leaders Need to Know

Associates Charlotte Roberts and Karina Casey highlight how the UK’s earned settlement proposal may influence global talent and HR planning.

Learn more

Media mentions

Konfederacja Lewiatan: Procedura legalizacji zatrudnienia cudzoziemców w Polsce po zmianach w 2025 r.

Poland Immigration Strategy Director Tomasz Rogala contributes to Konfederacja Lewiatan’s analysis on 2025 changes to work permits and foreign employment in Poland.

Learn more

Blog post

F and J Visa Updates: Social Media Checks Begin as DHS Proposes New Limits

Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.

Learn more

Awards

Fragomen Ireland Awarded the KeepWell Mark by IBEC

Fragomen Ireland is accredited with IBEC’s KeepWell Mark™, recognizing the practice’s commitment to wellbeing, inclusion and responsible business.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.