Stories
US Proposes Ending H-1B Prior-Deference Policy, Impacting Foreign Workers
- •The US Department of Homeland Security has proposed ending the prior-deference policy for H-1B visa extensions, reversing an approach restored under the Biden administration.
- •Under the proposed change, US Citizenship and Immigration Services would no longer be required to give weight to previous favorable decisions when reviewing extension requests.
- •H-1B visa holders and sponsoring employers could face fresh scrutiny and a less predictable adjudication process even if circumstances remain unchanged.
- •Indian professionals in technology, engineering, and healthcare sectors could be significantly affected in their continued employment and long-term planning.
- •The proposal is not yet a final rule, and its publication begins a regulatory process that includes public comments before any final decision is made.
Key Questions Answered
Prior deference is the practice of giving weight to an earlier immigration approval when the same worker seeks an extension under substantially similar circumstances, reducing the need to re-examine previously approved issues. The US Department of Homeland Security has proposed ending this policy to reverse an approach restored during the Biden administration and return to a system associated with Donald Trump's first term.
If adopted, H-1B workers seeking extensions could face a less predictable adjudication process with greater scope for USCIS to revisit prior eligibility questions, even when circumstances remain the same. Employers might also experience increased administrative work if extension petitions demand more documentation or renewed examination of eligibility requirements.
No, the measure is not yet a final rule. Its publication starts the regulatory process, allowing the department to gather public comments before determining whether to issue a final regulation.
