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What is the H-1B denial rate?

The H-1B denial rate is not a fixed number: it varies each year and by case. Well-documented petitions tend to fare better, and not being selected in the lottery does not count as a denial.

Written by

Victoria Harper

Editor-in-Chief

Updated on July 10, 2026
1 min read
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There is no fixed denial rate for the H-1B. Approval and denial figures shift from year to year and depend on each petition’s profile, so any pinned percentage quickly becomes outdated and is more misleading than helpful.

To understand the topic, it helps to separate two stages that are often confused:

  • Selection (lottery): when there are more registrations than available slots, many petitions are never reviewed at all. Not being selected is not a technical denial — it simply means the petition was not chosen in the selection process.
  • Merit review: among petitions that are actually adjudicated, denial typically occurs when the employer and applicant do not clearly demonstrate that the position and candidate profile meet the visa requirements.

In practice, well-documented petitions with a clearly specialized role and a consistent employment relationship tend to perform better at the adjudication stage. Weak documentation or poorly answered requests for evidence increase the risk of denial.

Because official figures vary and are updated periodically, the safest approach is to check current statistics and requirements directly from the official source (USCIS) and, if you need to strengthen your case, consult an immigration professional.

Learn more about H-1B

Initial validity
3 years
Extension
Up to 6 years total
Annual cap
85,000 visas
Processing
6-12 months
All about H-1B

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.

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What is the H-1B denial rate?

The H-1B denial rate is not a fixed number: it varies each year and by case. Well-documented petitions tend to fare better, and not being selected in the lottery does not count as a denial.

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