The US Department of Homeland Security (DHS) has proposed scrapping the long‑standing “deference to prior approvals” policy.
Currently, immigration officers generally honour earlier approvals when reviewing H‑1B extension petitions, provided the facts remain unchanged. Removing this safeguard would allow officers to reassess every petition afresh, even for the same employer and employee.
Why the US Wants It
DHS argues that tighter scrutiny will strengthen the integrity of the immigration system and protect American workers. Officials say the existing policy risks letting fraudulent or misleading petitions slip through. USCIS data shows that between 2022 and 2025, non‑compliance and fraud rates during H‑1B worksite visits rose to 22.39%, compared with 16.77% in 2018–2020, when deference was not applied.
Impact on Indian Professionals & Students
For Indian nationals, who form the largest group of H‑1B holders, the proposal could mean:
- More hurdles for extensions: Expect additional requests for evidence, longer processing times, and higher denial risks.
- Career disruption: Many Indian students pursue US degrees with the hope of transitioning to H‑1B jobs and eventually green cards. A tougher extension process could derail this pathway.
- Family stress: Denials may force professionals and their families to relocate or live apart, creating personal and financial strain.
- Ripple effect on other visas: L‑1 intra‑company transfers could also face stricter reviews, affecting Indian IT firms and their employees.
What Happens Next
The proposal is open for public comment until 13 November 2026. DHS will review feedback before deciding whether to finalise the regulation. Until then, the current deference policy remains in place, but Indian professionals and students are already bracing for a more uncertain future.