DHS proposes ending deference to prior approvals in extension reviews; Indian H-1B workers may be hit hardest
Key points
- DHS proposes removing the requirement to defer to prior approvals in extension reviews.
- The proposal was published in the Federal Register on Oct. 14; comments are due Nov. 13.
- It covers H-1B, L-1, O-1, TN, E and P under Form I-129; Indians account for nearly 80% of H-1B continuing-employment approvals, the report says.
The US Department of Homeland Security (DHS) has proposed removing a regulation requiring immigration officers to defer to prior approvals in visa extension petitions with unchanged circumstances. The proposal was published in the Federal Register on Oct. 14, with comments due Nov. 13. It would cover Form I-129 categories including H-1B, L-1, O-1, TN, E and P. Indians account for nearly 80% of H-1B continuing-employment approvals, the report says. The proposal has not taken effect. For reference only, not legal advice.
What employers should do
- Track the comment period closing Nov. 13 and assess the impact on extensions for current foreign national employees.
- Compile a list of employees whose I-129 extensions the company files and keep supporting records ready.
Policy details
- Jurisdiction
- Federal (DHS/USCIS)
- Status
- Proposed rule
- Effective date
- —
- Employers covered
- Employers filing Form I-129 petitions for H-1B, L-1, O-1, TN, E and P classifications
- Official source
- View official source ↗
Original report: INDIA New England News ↗Edited with AI assistance. Facts are based on official sources and original reports. For information only; not legal, immigration or insurance advice.