Full Breakdown
Proposed Rule Change Tightens Review of H-1B and Other Work Visa Renewals
By Drooid · · How we work
Core Change to Renewal Process
The Department of Homeland Security (Department of Homeland Security's (DHS)) has filed a proposal to eliminate the current practice that allows U.S. Citizenship and Immigration Services (USCIS) officers to defer to prior approvals when processing renewal petitions for H-1B and other employment-based nonimmigrant visas. Under the draft rule, each extension filed on Form I-129 would be evaluated on its own merits, even when the employer, employee, and job duties remain unchanged. The change would apply to H-1B specialty workers, H-2A agricultural workers, H-2B seasonal workers, L-1 intracompany transferees, O-1 extraordinary-ability workers, P-visa holders, R-1 religious workers, TN professionals from Canada and Mexico, and E-visa categories.
Background and Context
The deference policy was introduced in 2024 by the Biden administration to speed processing amid longstanding USCIS backlogs. The Trump administration, which has repeatedly criticized legal immigration pathways, argues that the policy weakens oversight and permits errors or fraud to persist into new visa periods. Vice President JD Vance recently announced a suspension of green-card applications for H-1B workers at select tech firms, citing program abuse.
Scope and Expected Impact
DHS estimates that roughly 208,000 extension applications each year would be affected, with H-1B filings comprising about 75 percent of that total. The agency anticipates longer processing times and a higher volume of Requests for Evidence (RFEs), creating greater uncertainty for both workers and employers.
Official Statements and Industry Reactions
Stuart Anderson, executive director of the National Foundation for American Policy, warned that eliminating deference would revive “time-consuming, expensive Requests for Evidence” and could force companies to lose experienced employees, reducing U.S. competitiveness.
What Happens Next
The rule will be published in the Federal Register on Wednesday, triggering a 30-day comment period. After DHS reviews the feedback, it may issue a final rule; until then, renewal applications continue under the existing deference policy.