H-1B Petitions and Denial Rates in FY 2021

Jan 12, 2022
  • Description

The Trump administration's losses in federal court returned H-1B denial rates for employers in FY 2021 to pre-Trump levels, according to a new analysis by the National Foundation for American Policy (NFAP). Judges declared the Trump administration's actions to be unlawful, forcing changes in restrictive immigration policies that resulted in the denial rate for new H-1B petitions for initial employment in FY 2021 to drop to 4%, far lower than the denial rate of 24% in FY 2018, 21% in FY 2019 and 13% in FY 2020. The Trump administration managed to carry out what judges determined to be unlawful policies for nearly four years, and the policies imposed significant costs on employers, visa holders and the U.S. economy, likely contributing to more work and talent moving to other countries.