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US proposes ending deference policy for H-1B visa extensions affecting Indians

The US Department of Homeland Security (DHS) has proposed removing the 'deference to prior USCIS determinations' policy for H-1B visa extensions, a move th…

The US Department of Homeland Security (DHS) has proposed removing the 'deference to prior USCIS determinations' policy for H-1B visa extensions, a move that could impact Indian workers who made up about 70% of all H-1B beneficiaries in fiscal year 2025, according to USCIS data. The proposal, which is currently open for public comment, targets non-immigrant visa extension requests.

The existing policy, outlined in 8 CFR 214.1(c)(5), directs the US Citizenship and Immigration Services (USCIS) to give weight to previous approvals when adjudicating extension petitions. Removing this policy means USCIS would no longer automatically trust prior approvals, potentially leading to more rigorous reviews or denials for visa extensions. The DHS has not yet implemented the rule but is seeking feedback on the entire proposed regulatory package.

This change could have significant consequences for Indian H-1B visa holders, who represent a majority of beneficiaries. The deference policy has historically streamlined renewals by reducing redundant scrutiny. Its removal may increase uncertainty and administrative burdens for foreign workers and their employers. The proposal follows earlier US actions that suspended some global tech firms from key green card programs, reflecting a broader tightening of immigration policies affecting the tech sector.

The DHS proposal is still under review, with no set date for implementation. Stakeholders and affected visa holders can submit comments during the open consultation period, which will influence the final rule. The USCIS data cited refers to fiscal year 2025, underscoring the large Indian presence among H-1B visa beneficiaries.

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