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Trump moves to end H1B visa deference policy
In Short
If finalized, the change would affect extension requests across numerous employment-based non-immigrant categories, including H1B, L-1, O-1, TN, E, H-2, P, Q and R classifications filed using Form I-129.
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US President Donald Trump
Washington: The Trump administration published a proposed rule that would eliminate the current requirement for USCIS officers to defer to prior eligibility determinations when adjudicating extensions of non-immigrant worker petitions filed on Form I-129. The proposal was published in the Federal Register on October 14 and was open for public comments for 30 days.
If finalized, the change would affect extension requests across numerous employment-based non-immigrant categories, including H1B, L-1, O-1, TN, E, H-2, P, Q and R classifications filed using Form I-129.
Under the current regulation, US Citizenship and Immigration Services (USCIS) officers generally defer to a prior approval when reviewing an extension petition involving the same employer, employee, and underlying facts, unless there is:
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