Wednesday, December 19, 2012

USCIS DENIES FEWER H-1B CASES IN 2012 COMPARED WITH 2011

Some good news regarding H-1B statistics data. USCIS recently released statistics on H-1B receipts, approvals, denials and other statuses such as administrative closures for FY2012.
According to the statistic, in Fiscal Year 2012, USCIS received 93,152 application and approved 85,273 H-1B cap cases (the others are transfers or change of employers).
Out of all H-1B cases, USCIS has denied 3,899 cases (versus 5,575 denials the year before on approximately the same number of filings in FY 2011), so this is a good trend that less of these petitions are denied overall. However, no statistic was issued on the number of H-1B RFEs (or requests for additional evidence). This is a significant improvement over FY 2010 where 102,343 H-1B petitions were filed and a whopping 12,120 were denied. This was mainly due to the issuance of the Neufeld memo on the employer-employee relationship and a high rate of denial for IT consulting companies that have been hammered by that memo. Now it is better and approvals are forthcoming even for IT consulting clients.
Overall, there is some good news here with less denials - however the administrative closure and other actions - in 2,163 petitions versus 1,719 in FY2011 may indicate that more petitioners withdrew H-1B petitions versus last year for unknown reasons.

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