USCIS L-1B Denial Rates Remain High, According to New Agency Data

United States

USCIS has released adjudication statistics for L-1B specialized knowledge petitions in the first half of Fiscal Year (FY) 2015.  The performance data reveal a 27.9% denial rate for L-1B petitions adjudicated in the first quarter of the year and a 30.1% denial rate in the second quarter. 

The agency adjudicated 3,655 L-1B filings in Q1, of which 1,020 were denied, and 2,963 filings in Q2, of which 892 were denied.  The data did not distinguish between California and Vermont Service Center adjudications.

These numbers are lower than last year’s denial rate of 35%, but are consistent with the agency’s continued high scrutiny of L-1B visa category.  As we have reported, the rise in denials has been steep over the last several years, increasing nearly sixfold since FY 2006, when the L-1B denial rate was only six percent.  FY 2014 represented a record for denials, with L-1B extensions having a higher denial rate (41%) than initial petitions (32%).

What This Means for Employers 

The latest performance data reflect the continued challenges employers face when petitioning for L-1B specialized knowledge employment with USCIS. Though the report does not analyze blanket L adjudications at U.S. consulates, employers face similar scrutiny in that program. 

These statistics come as USCIS is finalizing its long-awaited guidance memorandum on the specialized knowledge standard for L-1B employees. The agency is currently reviewing comments from stakeholders on its initial draft and has confirmed that the final guidance memorandum will be implemented by August 31, 2015.

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