DHS Data Shows Higher Fraud Rates When Prior Approvals Are Favored

DHS cited USCIS inspection data indicating that fraud and non‑compliance rates rose to 22.39 % for H‑1B extensions filed between FY 2022 and FY 2025, a period when the prior‑approval preference was in force. By contrast, the rate was 16.77 % during FY 2018‑2020 when the policy was not applied. Similar trends appeared for L‑1A extensions, with a jump from 18.37 % to 24.46 % over the same intervals. The agency estimates that roughly 30 % of the 688,830 annual extension petitions—about 208,429 cases—were subject to the prior‑approval rule.