H‑1B Approval Rate Rises Sharply in 2021

The H‑1B approval rate has increased sharply this year as USCIS adjusts its policies. This shift reflects rising demand for global tech talent.

Higher Approval Rates for H‑1B Visas

USCIS approved a much higher share of H‑1B visas this year. In the quarter ending in June, the approval rate reached 98.1%. This marks a major increase from the 84% approval rate in 2019. Demand for skilled tech workers continues to grow worldwide.

Approval rates had fallen during Trump’s presidency. USCIS rejected more applications and issued more RFEs. Applicants faced higher documentation requirements during that period. These changes created uncertainty for employers and workers.

Court Decision and Memo Withdrawals

Last summer, USCIS revoked two memos tied to H‑1B adjudications. The decision followed a court ruling involving the ITServe Alliance. A district court ordered USCIS to disregard the Neufeld Memo. That memo required proof of a specific employer‑employee relationship. Another memo required detailed itineraries for new employees. Both memos were often used to deny applications from IT companies.

USCIS recently announced a second lottery for the next fiscal year. The agency did not receive enough applications to meet the annual cap. The U.S. issues 65,000 H‑1B visas each year, plus 20,000 for U.S. master’s graduates. Observers continue calling for an overhaul of the application process. Many argue the lottery system should be removed entirely.

H‑1B Timeline and Deployment Delays

The standard H‑1B registration window opens in March. Selected applicants may file full petitions beginning in April. The earliest start date for approved workers is October 1. This long timeline often delays deployment for employers. These delays highlight ongoing concerns despite the higher H‑1B approval rate.

If you need guidance on H‑1B filings or employment‑based immigration, consider speaking with a trusted immigration attorney today.

We have helped thousands of foreign nationals secure H-1B visa status for highly skilled jobs in the United States. Get in touch today to get started on your application for 2022.

© [nap_names id=”FIRM-NAME-1″] 2021. The above text is for informational purposes only and is not legal advice.

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