Proposed US Visa Rule Could Affect Indian Workers
Washington, November 2: A proposed immigration policy from the Donald Trump administration may create new hurdles for Indian professionals working in the United States. The plan would remove the requirement for US immigration officers to rely on earlier approvals when deciding extension applications from H-1B and L-1 visa holders. Analysts say Indian nationals are likely to feel the impact most strongly.
Nearly 79 per cent of those permitted to continue working under the H-1B visa category are of Indian origin.
The proposal, named 'Removing Deference to Prior USCIS Determinations of Eligibility', comes from the US Department of Homeland Security (DHS). Comments from the public will be accepted until November 13. The notice appeared in the Federal Register on October 14, and submissions must be made only through the federal portal Regulations.gov.
The proposal aims to eliminate the current regulation 8 CFR 214.1(c)(5). That rule generally requires officers to respect a prior visa approval for an employee and employer when there is no major change in conditions, no significant error, and no new unfavourable information.
If adopted, the change would reach beyond H-1B and L-1 to O-1, TN, E and P category applications. Even someone who previously obtained a visa could see a fresh review when requesting an extension.
Data from US Citizenship and Immigration Services (USCIS) shows that about 3.99 lakh H-1B visa petitions were approved in fiscal year 2024, with 71 per cent of beneficiaries born in India. In the continuing employment category, which includes extension cases, about 2.03 lakh of roughly 2.58 lakh approvals, or 79 per cent, went to Indian-origin workers.
DHS noted that H-1B accounts for over 75 per cent of Form I-129 applications submitted to USCIS. The agency estimates that about 2.08 lakh applications would be affected annually.
The department also projected that the Request for Evidence (RFE) rate could rise by roughly three percentage points, which would translate into about 6,000 more notices every year. Cases requiring further information take an average of 64 extra days to complete, based on the past four fiscal years. DHS estimates that applicants and employers would face additional costs of about 1.34 lakh dollars annually.
According to DHS, the existing approach places the responsibility on immigration officers to justify departing from a previous decision. The proposed rule, the department says, would allow officers to assess each application on its own circumstances.
To back its case, DHS cited inspection results from H-1B extension worksites. Between fiscal years 2022 and 2025, about 22 per cent of inspected sites showed combined violations and fraud, compared with around 17 per cent in fiscal years 2018 to 2020. The agency stressed that these figures cover periods both with and without the prior approval policy.
The proposal also makes clear that earlier approvals will not be ignored. Officers may take previous decisions into account, but they will not be bound to base their rulings on them.
DHS has acknowledged that the change could affect employees and companies that made career and personal plans around past visa approvals and lawful stay in the United States.
The prior approval policy has been revised several times. It was adopted in 2004, withdrawn in 2017 during Trump's first term, reinstated in 2021, and formally included in immigration rules in 2024.