Super Lawyers
Expertise.com
yelp badge
Lawyers of Distinction
Pasadena Top Attorneys 2022
American Immigration Lawyers Association

Lower H-1B Denial Rates for First & Second Quarters 2021

Thomas M. Lee
H-1B-Visa

According to The National Foundation for American Policy, the denial rates for new H-1B petitions for the first two quarters of 2021 is 7.1% whereas the first two quarters of 2020 was 28.6%. This is a total of 21.5% increase in acceptance rates. However, this does not mean getting visa approval is any easier because USCIS approval trends are far more strict than they have ever been in the past.

The reason for this development is likely due to the change in the lottery process. Many H-1B applicants have gotten better at compiling petitions that counters common issues that can arise during the adjudication process. H-1B beneficiaries whose job requirements does not always require a U.S. bachelor’s degree and make level one wages need to include additional evidence and expert opinion letter to prevent RFEs and denials.

Beneficiaries who obtained education outside of the U.S. or have the right degree in the wrong major need to consolidate their educational eligibility. A detailed credential evaluation of H-1B beneficiary’s education and the USCIS educational equivalency needs to be included in the petition. The credential evaluation must take into account the job, visa, and the USCIS approval trends, in addition to, any work experience and education. A complete itinerary of the work duties to be performed during the H-1B visa period must be provided if beneficiary is working as a consultant. Documentation as to how the employer manages and controls the work of the H-1B employee when working offsite or at third-party worksites needs to be included as well.

Please note that the information provided on this website is for general information purposes only and is not to be construed nor relied upon as legal advice nor the formation of an attorney-client relationship. For a free consultation with Attorney Thomas M. Lee, please contact us.

Client Reviews

Mr. Lee is extremely knowledgeable when it comes to employment law. I was amazed by his tenacity and skill and in the end, I walked away with a settlement I was very happy about. I highly recommended him to anyone.

- Sarah G.

Earlier this year I was very confused about a legal employer/employee situation and needed professional advice. In my desire to move quickly on my situation I spent hours signing up for legal services (e.g. legal shield...

- Richard H., Los Angeles, CA

Hands down, the best immigration lawyer in Los Angeles that you could possibly find. Period. After an extremely poor experience with another law firm, which had come highly recommended by one of my company's attorneys...

- Robert K., Beverly Hills, CA

My old company was breaking some labor laws and I decided to look for some legal advice. I went to Tom to see what course of action I can take and when we sat down to talk about the details, I decided to hire him and his...

- Ethan Y., Orange, CA

It's quite rare to find a lawyer that sincerely cares about your best interest. Most employment lawyers are extremely hungry for business which makes them naturally have their best interest not mine. However, Tom truly...

- Jen T., Central LA, Los Angeles, CA

Get in Touch

  1. 1 Free Consultation
  2. 2 Decades of Experience
  3. 3 High Success Record
Fill out the contact form or call us at (213) 251-5533 to schedule your free consultation.

Leave Us a Message