H-1B Visa renewals face tougher reviews under Trump proposal
The proposal would require USCIS to re-review about 208,000 annual extension filings and could add months of processing, the department said.
- DHS plans to eliminate the 'deference policy' for visa renewals, requiring USCIS officers to re-evaluate extension applications even when applicant details remain unchanged.
- This proposal aims to reverse a 2024 Biden administration policy prioritizing efficient processing, as officials now argue that scrapping deference strengthens oversight to protect American workers.
- Around 208,000 annual extension applications will be affected, with H-1B filings comprising around 75 percent of the total; DHS stated the change 'would better align DHS regulations with the statute.'
- Scheduled for publication in the Federal Register on Wednesday, the proposal begins a 30-day comment period; current renewal applications remain unaffected until final rule implementation.
- Stuart Anderson, executive director of the National Foundation for American Policy, warned eliminating deference 'was a leading cause of time-consuming, expensive Requests for Evidence' during Trump's first term.
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DHS H-1B Deference Rule: Visa Extensions Face New Scrutiny
The Department of Homeland Security (DHS) had proposed to end a major H-1B extension rule. The proposed regulation will make it so that the USCIS does not look at prior approvals when reviewing an extension request. The deference regulation allows the USCIS to consider prior approvals, thereby expediting approval of an extension. It also ensures […]
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