Legal Immigration Still Works: The Proof is in the Numbers

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Legal Immigration Still Works: The Proof is in the Numbers

On October 8, 2025, the United States Citizenship and Immigration Services (“USCIS”) released its most recent data from Q3.[1] Which led us to ask, does the rhetoric surrounding the current administration’s immigration policies have statistical backing as it relates to legal, employment-based immigration?

Well, we analyzed the data readily available on USCIS’ website regarding the adjudication for the most common employment-based immigrant (H-1B, TN, L) and non-immigrant (I-140) visas for the two most recent quarters—Q2 and Q3—and compared it to Q2 and Q3 in 2024. The results may surprise you.

Non-Immigrant Employment Based Visas

Form I-129 Petition for a Nonimmigrant Worker Specialty Occupations (H-1B)^[2]

An H-1B visa is an employer-sponsored temporary, non-immigrant visa for foreign professionals who work in specialty occupations that require a bachelor's degree or higher in the U.S. 

From January 1, 2024 to June 30, 2024 to January 1, 2025 to June 30, 2025, total adjudicated H-1B petitions increased from 196,717 to 214,040, and the approval rate rose from 97.7% in 2024 to 97.8% in 2025, illustrating slightly more approvals and fewer denials than in 2024. However, this data was collected before the September 19, 2025 Presidential Proclamation which imposed a $100,000 fee on applicable H-1B visas.^[3] The data above could see a drastic shift in subsequent quarters.

Form I-129 Petition for a Nonimmigrant Worker Specialty Occupations (TN)^[4]

A TN visa is a nonimmigrant status for Canadian and Mexican citizens who want to work temporarily in the U.S. in a professional capacity established by the United States-Mexico-Canada Agreement (USMCA). From January 1, 2024 to June 30, 2024 to January 1, 2025 to June 30, 2025, total adjudicated TN petitions by USCIS increased from 6,710 to 9,040, and the approval rate rose from 93.4% in 2024 to 94.6% in 2025, illustrating more approvals and fewer denials than in 2024.

Form I-129 Petition for a Nonimmigrant Worker, Intracompany Transferee Executive, Manager, or Specialized Knowledge (L-1A & L-1B)^[5]

The L-1A visa allows qualifying multinational companies with a parent, subsidiary, branch, or affiliate abroad to transfer managers and executives to work in the United States. From January 1, 2024 to June 30, 2024 to January 1, 2025 to June 30, 2025, total adjudicated L-1 A petitions by USCIS increased from 10,897 to 12,733, and the approvals rate rose from 90.8% in 2024 to 92.4% in 2025, illustrating more approval and fewer denials than in 2024.

The L-1B visa allows qualifying multinational companies with a parent, subsidiary, branch, or affiliate abroad to transfer employees with “specialized knowledge” to work in the United States. From January 1, 2024 to June 30, 2024 to January 1, 2025 to June 30, 2025, total adjudicated L-1B petitions by USCIS increased from 5,618 to 7,182, and the approvals rate rose from 89.2% in 2024 to 92.8% in 2025, illustrating more approval and fewer denials than in 2024.

Certain multinational companies may qualify for an L-1 “Blanket” which allows the company to file for petition with USCIS to obtained pre-approval for its international employees instead of filing individual petitions for each employee.^[6] From January 1, 2024 to June 30, 2024 to January 1, 2025 to June 30, 2025, total adjudicated Blanket petitions by USCIS increased from 670 to 700, and the approval rate rose from 97.8% in 2024 to 98.4% in 2025, illustrating slightly more approvals and fewer denials than in 2024.

Immigrant Visa

Form I-140 Immigrant Petition for Alien Worker^[7]

Form I-140 is the application an employer files with USCIS to petition for an employee to become a lawful permanent resident in the United States. From January 1, 2024 to June 30, 2024 to January 1, 2025 to June 30, 2025, total adjudicated I-140 petitions by USCIS decreased from 93,417 to 83,060, and the approval rate decreased from 89% in 2024 to 85.8% in 2025, illustrating fewer approvals and more denials than in 2024.

Key takeaways from the FY2025 Q2 and Q3 USCIS data:

• The data shows the approval rates for employment-based non-immigrant visas have increased in 2025 compared to the same period in 2024, indicating USCIS stability and success for legal immigration pathways.
• Keep an eye out for notable shifts in future data related to H-1B visas, and the subsequent impact on other visa types, as the impact of the September 19, 2025 Presidential Proclamation plays out over the coming months.
• Employer-sponsored petitions for employees to become lawful permanent residents have decreased in approvals and volume, suggesting a possible tightening in employment-based green card adjudication. However, this could also be the result of backlogs and processing time with increased scrutiny. This will be an important trend to track over the new fiscal year.

Amid ongoing uncertainty surrounding the current state of our immigration policies, legal employment-based immigration continues to provide a successful pathway for U.S. employers. Employers should take confidence in these results and continue pursuing employment-based visas. Afterall, the proof is in the numbers.

_{[1] USCIS, Immigration and Citizenship Data, https://www.uscis.gov/tools/reports-and-studies/immigration-and-citizenship-data (last visited October 27, 2025).
[2] Id.
[3] The White House, Presidential Actions: Restriction on Entry of Certain Nonimmigrant Workers, https://www.whitehouse.gov/presidential-actions/2025/09/restriction-on-entry-of-certain-nonimmigrant-workers/.
[4] USCIS, Immigration and Citizenship Data, https://www.uscis.gov/tools/reports-and-studies/immigration-and-citizenship-data (last visited October 27, 2025).
[5] Id.
[6] Id.
[7] Id.}