L-1 Visa Statistics Released by USCIS

Pursuant to a Freedom of Information Act (FOIA) request, the USCIS last week released data regarding the adjudication of L-1 petitions. This data reveals that the denial rate of L-1 cases rose over 10% from FY 2012 to FY 2013 and in FY 2013,  an astounding 35% of all L-1 petitions filed were denied. This data covers all sectors of employment from manufacturing to  IT. Anecdotal evidence from attorneys that handle L cases for manufacturing companies, reveal an almost 100% rate of approval while those handling IT cases report a denial rate exceeding 50% and some even claim to be seeing a rate of denial as high as 75%.   The data produced from the USCIS reveals an RFE rate of over 47%. In FY 2013, the USCIS approved approximately 12,000 petitions. Contrast this to FY 2005 during which the USCIS approved over 40,000 petitions.  The practical result is that many IT projects which would be completed in the US employing a mix of L-1 and US workers and generating tax revenues, consumer spending, etc are now being completed overseas with no benefit to any US worker or the US economy. Instead of opening our arms to entrepreneurs and innovators and welcoming all jobs that benefit the US economy, our immigration policy, not dictated by Congress but,  rather dictated by the policy desires of a few is most assuredly a closed door policy.

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