A recent article in Forbes examined data released by USCIS on its adjudication of H-1B petitions in Fiscal Year 2018. The data reveals some clear trends and casts doubt on whether USCIS is applying an even hand to all petitions.
In short, the top handful of IT companies applying for new H-1B employment in Fiscal Year 2018, which includes Syntel, Infosys, Mindtree, and HCL America, had denial rates between 34-54%, with Capgemini and Cognizant having denial rates of a staggering 80% and 61%, respectively. Conversely, U.S. tech giants Amazon, Facebook, and Apple had only 1% or 2% of their new H-1B petitions denied. Naturally, this raises concerns that USCIS is applying different standards to the IT sector, which often sends its employees to work on-site with clients, than to traditional tech jobs, which requires employees to work at the employer’s offices. In looking at the data, one would be hard-pressed to draw any different conclusion.