According to a new report published by the National Foundation for
American Policy (NFAP), rate of denials for L-1B petitions in Fiscal
Years 2012 and 2013 rose five-fold in comparison to earlier rates. These
visa types are used by employers to transfer highly skilled workers to
the United States. According to NFAP, in 2006, the denial rate for L-1B
petitions was six percent; that number rose to 30 percent in Fiscal Year
2012 and 34 percent in Fiscal Year 2013.
This was a “more than five-fold increase in the rate of denials despite
no new regulation changing the adjudication standard,” states the NFAP
report. Additionally, the report notes, Requests for Evidence from
adjudicators continued at a high rate – 46 percent in Fiscal Year 2013.
These data were released in response to a Freedom of Information Act
request filed by the American Immigration Lawyers Association.