According to data from U.S. Citizenship and Immigration Services (USCIS), the National Foundation for American Policy reports that the H-1B denial rate was slightly higher in fiscal year (FY) 2023 compared to FY 2022.
In FY 2023, the H-1B denial rate was 3.5%, which is higher than the denial rate of 2.2% in FY 2022.
Although the denial rate rose slightly last year, H-1B visa denials were still lower than FY 2021, which had a 4% denial rate. That number was significantly lower than FY 2020 (13% denial rate), FY 2019 (21% denial rate) and FY 2018 (24% denial rate).
Lower denial rates in recent years are attributed to new guidance issued on the adjudication of H-1B visas. Additionally, USCIS has implemented changes to the H-1B program, including the FY 2025 H-1B cap season, to reduce the likelihood of fraud and other issues with the H-1B selection process.
Envoy is pleased to provide you with this information, which was prepared in collaboration with Anne Walsh, who is a Partner at Corporate Immigration Partners, P.C., a U.S. law firm who provides services through the Envoy Platform (the “U.S. Law Firm”).
Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. Envoy is not a law firm, and does not provide legal advice. If you would like guidance on how this information may impact your particular situation and you are a client of the U.S. Law Firm, consult your attorney. If you are not a client of the U.S. Law Firm working with Envoy, consult another qualified professional. This website does not create an attorney-client relationship with the U.S. Law Firm.
