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Judge Invalidates Key USCIS H-1B Policies

Updated: Aug 1, 2022

What is going on?

According to a Forbes article by Stuart Anderson, U.S. District Judge Rosemary M. Collyer has invalidated many significant U.S. Citizenship and Immigration Services (USCIS) memos and policies that have led to dramatic increases in H-1B denials and Requests for Evidence (RFEs) under the Trump Administration. According to analysis by the National Foundation for American Policy, these memos have caused denial rates for H-1B petitions for initial employment to rise from 6% in Fiscal Year (FY) 2015 to 24% in FY 2018.

Why should employers care?

Collyer's ruling could change how USCIS adjudicators review H-1B petitions for employers seeking high-skill international personnel.

What should employers do?

Going forward, it is crucial that employers continue educate themselves about the requirements for the H-1B positions they are seeking to fill. Our live H-1B training's are led by experienced, practicing business immigration attorneys. Training covers topics such as, preparing for requests for evidence (RFEs) and H-1B best practices. Training information and registration can be found HERE.

Danielle Atchison

Business Immigration Lawyer


The information provided here does not constitute legal advice. It is general information regarding law and policy that may be applicable to your particular HR issue or legal problem. Information provided in this blog, or any of our other public posts, does not create an attorney-client relationship. For specific advice you can rely upon, please contact your attorney.

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