U.S. Citizenship and Immigration Services has increased denials for employment-based immigrants and in key temporary visa categories. Government data show that the Trump administration’s policies have led to a spike in denials, making it less likely that many high-skilled foreign nationals will be able to work in the United States. Economists have found that high-skilled immigration is vital to the U.S. economy in technology, medicine and other sectors.
The new data align with other administration policies designed to block or restrict immigration, including a $100,000 fee on the entry of new H-1B visa holders and a proposed rule that could price many H-1B professionals and employment-based immigrants out of the U.S. labor market by raising prevailing wages. Companies and H-1B employees are also experiencing long waits to renew visas at U.S. consulates because of policy changes.
Immigration Data Show Denials Rising
Examining the latest data from USCIS shows how the Trump administration has tightened immigration policies for even the most highly skilled individuals. “The denial rate for an alien with extraordinary ability (in the employment-based first preference, or EB-1, green card category) nearly doubled from 25.6% to 46.6% between the fourth quarter of FY 2024 and the fourth quarter of FY 2025,” according to a new National Foundation for American Policy analysis.
“The denial rate for national interest waivers (in the employment-based second preference, or EB-2, green card category) rose from 38.8% to 64.3% between the fourth quarter of FY 2024 and the fourth quarter of FY 2025,” reported NFAP.
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Denial rates have also increased in temporary visa categories. O temporary visas are for individuals with extraordinary ability. USCIS data show the denial rate for O visas increased from 5.0% to 7.3% between the fourth quarter of FY 2024 and the fourth quarter of FY 2025. That represents an increase of 46%.
Two other important categories for employers have seen an increase in denials. “The denial rate for L-1A petitions for intracompany transferees of executives or managers rose from 8.0% in the fourth quarter of FY 2024 to 9.6% in the fourth quarter of FY 2025. The denial rate for L-1B petitions for intracompany transferees with specialized knowledge rose from 8.1% in the fourth quarter of FY 2024 to 9.2% in the fourth quarter of FY 2025,” noted NFAP.
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The Trump administration’s impact on high-skilled immigration is evident at the end of FY 2025. The increase in denial rates forecasts a worsening immigration landscape for employers, high-skilled immigrants and visa holders in 2026 through 2028.
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