The denial rates for H-1B petitions for continued employment have reached historic lows, highlighting a significant shift in US immigration policies. Data from the National Foundation for American Policy’s (NFAP) recent study – ‘H-1B Petitions and Denial Rates in FY 2024’, illustrates this trend, marking a stark contrast to the heightened restrictions observed during the earlier Trump administration.
Continued employment: A critical lifeline for employers and workers
H-1B petitions for continued employment primarily involve extensions for existing employees. This process is crucial for businesses to retain high-skilled talent and for employees to maintain their legal work status while waiting for permanent residency or completing long-term projects. In FY 2024, the denial rate for H-1B petitions for continued employment dropped to just 1.8%, a sharp decline from the 12% denial rate recorded in FY 2018 and FY 2019 under the earlier Trump administration.
Table 1: Denial rates for continued employment (FY 2015–2024)
| Fiscal Year | Denial Rate (%) |
| 2024 | 1.8 |
| 2023 | 2.4 |
| 2022 | 1.9 |
| 2021 | 2.0 |
| 2020 | 7.0 |
| 2019 | 12.0 |
| 2018 | 12.0 |
| 2017 | 5.0 |
| 2016 | 4.0 |
| 2015 | 3.0 |
The significant drop in denial rates is attributed to the rescission of restrictive policies and memos, including the 2017 USCIS directive that removed deference to prior approvals. This policy change had disproportionately affected companies relying on H-1B visa holders to work at client sites.
TOI noted that during Fiscal (FY) 2023, H-1B visa extensions were approved for 210,561 Indians , constituting 78.8% of the total extensions approved during the period. The decades long wait for an employment linked green card leads to a significant number of applications for H-1B visa extensions.
Snehal Batra, managing attorney at NPZ Law Group, told TOI, “We expect President Trump will rescind the ‘deference policy’ again. During his first term, President Trump directed USCIS not to defer to any previous approvals for extension cases and each extension application was treated as a new one leading to challenges. President Biden reinstated the deference policy, but it hasn’t been codified in regulations. If the Trump administration rescinds this policy it will again lead to chaos and unpredictable outcomes.”
Top companies by continued employment approvals
Tech giants and consulting firms continue to dominate in H-1B petitions for continued employment. In FY 2024, Amazon led with 10,893 approved petitions, followed by TCS and Infosys. These companies’ ability to retain high-skilled workers is critical to maintaining their competitive edge in global markets.
Table 2: Top companies by continued employment approvals and denial rates (FY 2024)
| Company | Approved Petitions | Denial Rate (%) |
| Amazon | 10,893 | 2.0 |
| TCS | 6,122 | 4.0 |
| Infosys | 5,688 | 1.0 |
| Cognizant | 5,076 | 1.0 |
| 4,311 | 1.0 | |
| Meta Platforms | 3,924 | 1.0 |
| Microsoft | 3,461 | 1.0 |
| Apple | 3,009 | 1.0 |
| Walmart | 2,724 | 1.0 |
| Deloitte | 2,700 | 1.0 |
Geographic and industry insights
Employers across multiple industries, particularly in technology, healthcare, and manufacturing, benefit significantly from H-1B continued employment. The states with the highest approvals include California, Texas, and New York, underscoring their reliance on high-skilled labor.
The historic low denial rates for H-1B continued employment in FY 2024 reflect a more stable and predictable immigration environment, benefiting both employers and high-skilled workers. Sustained efforts to streamline visa processing and reduce green card backlogs will be crucial for maintaining US leadership in innovation and global competitiveness, the NFAP study emphasises.