The United States Department of Homeland Security ( DHS ) has put forward a regulatory proposal that could undermine an important aspect of how temporary work visas are processed, sparking concern throughout the Indian immigrant community.
The DHS’ proposal hasn’t been put into action yet. Currently, the department is actively seeking feedback on the “entirety of this proposed rulemaking package. The proposal announcement has definitely caught the attention of H-1B visa holders.
If this proposal moves forward, it could really impact Indian nationals, who make up roughly 70 percent of all H-1B beneficiaries in FY 2025, based on USCIS data.
The U.S. government states that this rule would create additional financial burdens for those filing petitions, as it would stretch out the time needed to make decisions and create more doubt about whether they can keep their jobs. The department explains that this shift would touch every benefit request submitted via Form I-129. The Department of Homeland Security projects that the rule would generate roughly $133,987 in new yearly expenses for petitioners, primarily from a rise in Requests for Evidence.
Petitioners would face roughly $133,987 in new yearly expenses each year because of a rise in Requests for Evidence (RFEs), according to the DHS.
The current regulation requires USCIS to generally rely on the earlier eligibility determination for the nonimmigrant worker classification “unless there was a material error, a material change, or new material information, according to the proposal. That said, it wouldn’t stop USCIS officers from taking a prior approval into account when it makes sense to do so. This rule would also create financial burdens for petitioners by extending the time needed for decisions and adding uncertainty about job continuity, according to the US government.
Well, USCIS currently gives significant weight to earlier approvals. Essentially, if your visa application was previously approved by the government, they trust that earlier decision and typically approve your extension or renewal without starting from scratch. The US is looking to eliminate the deference policy—a system that lets officers grant visa extensions by relying on earlier approvals.
How does this policy work today?
