In FY 2011 63 percent of all L-1B petitions were issued a Request for Evidence (RFE) and 27% were issued a denial up from 7% in 2007. H-1B petition denials are up only slightly from 11 percent in 2007 to 17 percent in FY 2011. O-1A petition denials increased from 4 percent in FY 2000 to 8 percent in FY 2011.

The denial rate for new L-1B petitions rose from 2.8% in FY 2008 to 22.5% in FY 2009.  Country specific data on new L-1B petitions indicates that USCIS is more likely to deny a petition for an Indian-born professional than beneficiaries born in other countries.  For example, the denial rate for new L-1B petitions for Canadians rose from 2.0% in 2008 to 2.9% in 2009.

Some groups have complained that the increased RFE and denial rate is unwarranted and that the disproportionate increase in denials for Indian-born beneficiaries is a sign of institutionalized bias.