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H-1B Visa Rule Change: Indian Professionals Face Uncertainty
15 Oct
Summary
- USCIS proposes ending deference to prior H-1B approvals.
- Indian professionals may face challenges securing H-1B extensions.
- Public comments on the proposed rule are due by November 13, 2026.
The US Department of Homeland Security (DHS) has put forth a proposal to eliminate the "deference to prior approvals" policy concerning certain H-1B visa extension petitions. This existing policy generally requires immigration officers to respect previous approvals when the same parties and facts are involved.
If finalized, this change could introduce significant hurdles for Indian professionals seeking to extend their H-1B status, which typically allows a maximum stay of six years. Employers might experience increased requests for evidence, longer processing times, and a greater likelihood of denials.
The DHS justifies this proposed shift by emphasizing the need to enhance scrutiny of immigration petitions, bolster the integrity of the immigration system, and safeguard American workers. They argue that independent examination of each case is crucial to prevent potential fraud or misleading information.
Data from USCIS indicates a rise in non-compliance and fraud rates in H-1B worksite visits since the deference policy was implemented. The department acknowledges that other factors could also be influencing these figures.
This proposed rule could also impact other temporary work visas like L-1 visas. The potential consequences for affected workers and their families include difficult decisions regarding relocation or separation if an extension is denied and no other lawful basis to remain exists.
Individuals and organizations have until November 13, 2026, to submit public comments on the proposal. The DHS will review this feedback before making a final determination on the regulation.
