Trump Administration Proposes Ending H-1B Visa Deference: What It Means for Applicants

The US Department of Homeland Security (DHS) and US Citizenship and Immigration Services (USCIS) have published a proposal to remove the immigration policy known as “deference to prior approvals.” Currently, this policy requires immigration officers to give weight to previous favorable decisions when reviewing extension petitions involving the same employer, worker, and underlying facts, unless specific exceptions apply.

Overview of the Proposed Change

Published on October 14, the proposal is not yet a final rule and remains open for public comments until November 13, 2026. Interested parties may submit feedback through the federal rulemaking portal under DHS Docket No. USCIS-2026-0529. Current rules remain fully in effect until a final rule is published and implemented.

Potential Practical Implications

If finalized, the rule would alter how extension applications are reviewed rather than automatically changing base eligibility requirements or green card queue positions. According to USCIS data, Indian nationals accounted for about 70 percent of all H-1B beneficiaries in fiscal year 2025.

• Increased Scrutiny: Officers would no longer be required to begin from a position of deference, potentially leading to more requests for evidence (RFEs).
• Employer Documentation: Employers may need to submit more detailed records regarding job duties, compensation, work locations, and business operations.
• Processing Delays: Legal experts note that increased RFEs could extend pending times, adding administrative costs and uncertainty for applicants awaiting permanent residency.