The “L” LiabilityFebruary 24, 2012
According to an analysis performed by the non-partisan National Foundation for American Policy, the denial rates for work-based nonimmigrant visas to the U.S. have increased dramatically in the past four years. Indian-born professionals and researchers have been especially affected, having higher denial rates than foreign nationals from other countries.
The visa with the highest increase of denial rates was the L-1B, a work-based nonimmigrant visa for intra-company transfers with specialized knowledge. The denial rate for L-1B’s has jumped from 7% in fiscal year 2007 to 27% in fiscal year 2011. In addition, requests for evidence (“RFE’s”) rates for L-1B visas have risen to 63% in fiscal year 2011 from 17% in fiscal year 2007. However, the L-1A visa for intra-company transfers, managers or executives, has also been dramatically affected with regard to denial and RFE rates.
The executive director of the American Immigration Lawyers Association (“AILA”), Cyrstal Williams, commented, “This kills new business. It’s killing jobs in the U.S.” The National Foundation for American Policy was also displeased by the results of the analysis. The study concluded, “The dramatic increase in denial rates and requests for evidence for employment petitions … raises questions about the U.S. government’s commitment to maintaining a stable business climate for companies competing in the global economy.”
The Department of Homeland Security, which oversees the United States Citizenship and Immigration Services (“USCIS”) and Department of State, is expected to respond in detail after reviewing the foundation’s analysis.
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