USCIS proposes ending deference to prior approvals in H-1B and other work-visa renewals

Centre · 2The Department of Homeland Security (DHS) has proposed, in a Federal Register filing, to scrap a 2024 policy under which US Citizenship and Immigration Services (USCIS) officers could defer to earlier approvals when processing H-1B and other work-visa extensions. 1 2 Centre · 1Under current rules, officers can generally defer to previous approvals involving the same employer, worker and facts unless there is a material error, significant change or new adverse information; Newsweek reports the Biden administration introduced the policy in 2024 to speed up processing at an agency long hit by backlogs and staffing shortages. 1 Centre · 2Under the new plan, officers would have to review each extension application on its own merits, even if the applicant, employer and role are unchanged. 1 2

Centre · 2The change applies to Form I-129, so it would also affect other categories including H-2A, H-2B, L-1, O-1, P, R-1, TN and E visa holders, though the H-1B is expected to dominate the discussion. 2 1 Centre · 2DHS estimates about 208,000 extension applications a year would be affected, roughly 75 percent of them H-1B filings, and the filing acknowledges that processing will probably take months longer, with more Requests for Evidence (RFEs). 1 2 Centre · 2DHS argues that the current policy weakens oversight and may let errors or fraud carry into the new visa period, and that the change would better align regulations with the statute, which places the burden of proof on the petitioner, applicant or beneficiary, and would protect US workers. 1 2

Centre · 2Critics quoted by Newsweek, and relayed by Hindustan Times, say the change would hurt predictability and employers. Stuart Anderson of the National Foundation for American Policy said it means USCIS will re-adjudicate facts it already found true, as in Trump's first term, when he said it caused costly Requests for Evidence and denied renewals for long-tenured employees. Former DHS official Adam Klein said it gives individual officers more discretion and could cause inconsistency, more RFEs and longer processing. Immigration expert Elissa Taub said USCIS already has discretion to deny fraudulent petitions and that the change makes every H-1B extension risky. 1 2 Centre · 1Newsweek places the proposal within wider Trump administration moves on legal immigration, noting that Vice President JD Vance said last week that green card applications for H-1B workers at select tech companies, including Microsoft, were suspended over concerns of program abuse. 1 Centre · 1The rule was due to be published in the Federal Register on Wednesday, opening a 30-day comment period; DHS would then review feedback before any final rule, so renewals are currently unaffected. Newsweek said it had asked DHS for comment. 1

Centre · 1Hindustan Times highlights the stakes for Indian professionals: it cites USCIS data that about 2.26 lakh H-1B approvals for continuing employment in fiscal 2025 went to Indian-born beneficiaries, 77.6% of the total, against 31,581 (10.8%) for China, and says a denied extension could force families to leave the US or be separated. 2