The Department of Homeland Security (DHS) had proposed to end a major H-1B extension rule. The proposed regulation will make it so that the USCIS does not look at prior approvals when reviewing an extension request.
The deference regulation allows the USCIS to consider prior approvals, thereby expediting approval of an extension. It also ensures that an applicant does not have to submit evidence each time if there is no change in employment.
The scrapping of the rule is predicted to generate over 6000 extra Request for Evidence (RFEs) every year. This applies to both the H and L visa programs.
The rule was set up in 2004 to make extensions easier for immigrant workers. However, President Trump rescinded the rule in 2017 during his first term.
Former President Joe Biden has the rule reinstated in 2021. Bloomberg Law notes that this is a direct attempt to re-enact the previous roadblock Trump himself had set up for immigrants.
Immigration experts have stated that this proposal to scrap the deference rule will significantly delay extensions. The USCIS will view each extension request as a new filing, therefore generating thousands of extra RFEs per year.
The most affected by this rule, if passed, will be late-career immigrants. Those on their third or fourth extension with a green card pending are especially vulnerable.
If the USCIS decides not to approve their extension, such immigrants will be left without legal status in the US.
