The Trump administration's plan to remove the deference to prior approvals policy, published on October 14, remains unfinalized but would alter how USCIS handles Form I-129 extension petitions. Under the change, immigration adjudicators could re-evaluate previously cleared positions even when the employer, worker, and core facts remain completely unchanged. This shift introduces significant uncertainty for workers navigating extended permanent residency backlogs without directly invalidating their existing queue positions. Beyond standard specialty workers, the updated assessment standards would also extend to non-immigrant classifications including L-1 intracompany transfers and O-1 visas.
Key points
Routine three-year extension applications could become subject to rigorous reassessments…: Routine three-year extension applications could become subject to rigorous reassessments of specialty occupations and wage levels.
Removing deference to prior approvals would not invalidate existing green card queue posi…: Removing deference to prior approvals would not invalidate existing green card queue positions for affected visa holders.
Adjudicating officers would no longer be mandated to give weight to previous favorable de…: Adjudicating officers would no longer be mandated to give weight to previous favorable determinations during renewal proceedings.
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For Indian professionals working in the US, an H-1B extension is more than a routine immigration formality. It is a crucial bridge to maintaining legal status and keeping their path to permanent residency, or a green card, alive as they navigate a backlog that can stretch for decades.
Many rely on successive extensions while waiting for their employment-based green cards. A proposed change by the Trump administration could make that process more uncertain, even for workers whose previous visa petitions were approved.
The administration has proposed scrapping the US immigration policy known as “deference to prior approvals”. Under the policy, US Citizenship and Immigration Services (USCIS) generally gives weight to an earlier favourable decision when reviewing an extension petition involving the same employer, worker and underlying facts, unless certain exceptions apply.
The policy requires immigration officers to consider previous approvals, while the proposed change could make it easier for them to reassess a worker’s eligibility.
The proposal, published on October 14, is not yet a final rule. If implemented, it could mean closer scrutiny of extension applications from Indian H-1B…
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