Categories
Visas - H-1b, L-1, E, O, TN

L-1 RFE’s are handed out inconsistently between Service Centers?

The Service’s annual 2016 report to the Ombudsman was recently release and contained concerning information for L-1 visa petitioners. Unfortunately, the RFE rates of L-1 visas appear to continue to have no rhyme or reason.

“L-1A RFE data shows inverse trending between the CSC and the VSC. For example, CSC’s L-1A rates surged to 55 percent in FY 2015, its highest level in 20 years, while in the same period, VSC’s rate dropped dramatically from a high of 44.6 percent in FY 2014, to 29 percent in FY 2015. The number of L-1B RFEs dropped in FY 2015 at both service centers, to 44 percent at the CSC and 33 percent at the VSC.” See Ombudsman Report p. 59.

The L-1 memo, L-1B Policy Guidance Memorandum, was supposed to help alleviate some of this uncertainty. “It does not appear that RFE rates in FY 2015 were affected by this guidance, as it did not become final until August 17, 2015.” See Ombudsman Report p. 59. A very small sample size granted, but this memo was supposed to be seminal in the L-1 category. I’ll be eagerly anticipating next year’s report. What we can take away is that it looks like you’ll have a slightly better chance of getting an L-1A through Vermont and that L-1B’s RFE’s have dropped but not as much as we were hoping for when the L-1B Policy Guidance Memo was released.

Categories
US Immigration Policy Visas - H-1b, L-1, E, O, TN

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.

Categories
US Immigration Policy Visas - H-1b, L-1, E, O, TN

Denial rates of H-1b and L petitions skyrocket

Don’t believe the rhetoric that is coming from USCIS officers and the corn fields of Iowa claiming that immigration officials are being too lenient and being pressured into issuing unwarranted approvals. The truth lies in the numbers. A recent report from the NFAP,  provides facts (those are statements that are true and not inventions of one’s mind) about the denial and RFE rates experienced by employers trying to petiton for H-1b, L, and O workers over the past few years.  While the White House advocates for an immigration policy that attracts and retains highly skilled professionals and entrepreneurs and the DHS issues press releases touting its efforts consistent with that policy, the rank and file USCIS officers are beating to a different drummer.  The facts don’t lie, even if they don’t play well in the heartland.