The U.S. government is moving to eliminate the policy of deference for H-1B visa extensions, a shift that could significantly alter the renewal process for thousands of foreign workers. Under the current system, immigration authorities generally defer to previous approval decisions when reviewing extension petitions. Removing this practice would mean that each renewal application is treated as a new, independent assessment of eligibility.
Experts note that while the policy change would not immediately invalidate existing H-1B approvals or alter the current green card queue, it introduces new complexities for those awaiting permanent residency. For many Indian nationals, who currently account for 71% of all H-1B visa recipients, the change could complicate long-term stays in the United States.
Many Indian H-1B holders are currently navigating the EB-2 and EB-3 green card backlogs, often relying on multiple three-year AC21 extensions over the course of a decade. Under the proposed rule, these individuals would face a more rigorous renewal process. Every extension request would require a fresh evaluation of factors such as specialty occupation status, wage levels, and the ongoing nature of the employer-employee relationship.
As the administration considers these adjustments to the deference policy, the primary concern for affected workers is the transition from a system that presumes the validity of past approvals to one that subjects every renewal to a full, de novo review.
