USCIS Proposes Ending Prior Approval Deference for H-1B Visa Extensions: What Changes for Applicants?

Is H1-B Visa rule changing again? The United States Department of Homeland Security (DHS) has issued a regulatory proposal that could change how nonimmigrant work permits get extended. In the proposed scheme USCIS officers will not accord any automatic consideration to previously approved H1B visa extensions.

This implies that the renewals made by use of Form I-129 will be scrutinized anew even if the foreign worker, the employer, and the job responsibilities remain unchanged.

The Department of Homeland Security however justifies this amendment with an intention to curb fraud, it poses obstacles for skilled foreign workers seeking to renew their visas.

What are the USCIS Extension Proposal Updates? 

In today’s scenario an H1B visa extension request is typically processed through a fast process provided there is no change in the job designation, salary, and employer. But this privilege is now completely gone.

In its place each individual immigration officer has complete power to verify once again the qualifications and job responsibilities of the visa applicant.

Current H1B Visa Rules vs Proposed H1-B Visa Extension 

• Previous Approvals: In the current regime past approvals carry significant weight. The proposed new H1-B Visa regulation calls for no deference whatsoever with each renewal treated as an entirely new case.

• Degree of Review: At present applicants receive a quick test where the same job is retained. The proposal mandates a fresh proof of job eligibility.

• Effects on Processing: Increased RFEs, delays in processing, and higher refusal rates should be anticipated.

DHS estimates the rule will affect roughly 208000 extension petitions every year across several visa types. And H-1B specialty occupation workers make up about 75% of those total filings. Other affected categories under the new rules include- 

1. H-4 dependents, 
2. L-1 intracompany transfers, 
3. O-1 and P visa holders. 
4. It will also affect seasonal workers under H-2A, H-2B, and TN status.

Impact of New H1-B Visa Rules on Indian Tech Professionals and Employers

The nationals of India account for more than 70 percent of all issued H-1B visas. It makes them the worst-hit US immigrants according to this proposal. Indian IT professionals depend on repeated renewals of their three-year visas while waiting for Green Cards based on employment.

Without guaranteed credit for prior approvals each renewal cycle becomes far more unpredictable. 

Immigration specialists point out that firms have to be ready for the extended processing periods and tough evidence requirements put forward by USCIS officers.

The above-mentioned trends come along with other transformations occurring in the American labor market today. It includes recent US PERM Green Card suspensions among leading IT firms. 

As a result of PERM suspensions by prominent tech firms and employees are turning to alternative H-1B visa programs in order to preserve their legal status. 

The initiative becomes available for the public discussion during the 30-day period after its publication in the Federal Register.