The National Foundation for American Policy, a non-profit, non-partisan research organization released a report this month detailing the USCIS' record high rate of L-1B denials. The L-1B Intracompany Transferee visa allows foreign workers with specialized knowledge to be transferred to the United States to work at a U.S. entity that is affiliated with the worker's foreign employer. The L-1B visa has a maximum period of authorized stay of five years. The report indicates that although no new rule-making or laws have been enacted that would affect the L-1B program, for fiscal year 2013 the USCIS denied 34 percent of L-1B petitions climbing from the fiscal year 2006 denial rate of six percent. The report also provides data on the USCIS rates for issuance of Requests for Evidence (RFE). The USCIS rate, which had been at 10 percent rose abruptly in 2008 to almost 50 percent. This rise coincides with the collapse of the U.S. economy. Remarkably, the figure continued to climb to 63 percent in fiscal year 2011 and has remained at a robust 43 percent and 46 percent for fiscal years 2012 and 2013, respectively. Most alarmingly, the report indicates that petitions requesting L-1B status on behalf of Indian workers were disproportionally denied more than other petitions. The denial rate for L-1B petitions for Indian nationals went from 0.9 percent in fiscal year 2007 to 22.5 percent in fiscal year 2009. Not surprisingly, the USCIS failed to release country-specific figures for fiscal years 2012 and 2013 although the report cites that attorneys and L-1B employers continue to cite high denials for Indian L-1B petitions. The report substantiates what immigration attorneys have known all along, that the decline of the U.S. economy translates into a protectionist attitude at the USCIS without there having been any rule-making or legal basis for the increased scrutiny. L-1B workers transfer proprietary technology and specialized skills from abroad to the United States, thereby contributing to the overall productivity of the American economy. Unfortunately, when multinational companies are unable to transfer L-1B workers, either because the business immigration climate is so uncertain they don't want to risk a denial of their L-1B petition or their petition has already been denied, the American economy and workers suffer more due to this loss of productivity and innovation.