Proposed Changes to H-1B and L-1 Visa Extensions Could Impact Indian Professionals

Washington, November 2 (Daily Kiran) : A proposed immigration policy by the Trump administration could increase challenges for Indian professionals seeking visa extensions in the United States. Under this new proposal, U.S. immigration officials would not be obligated to consider previous approvals when deciding on H-1B and L-1 visa extension applications. This change is expected to have a significant impact on Indian professionals, who make up approximately 79% of H-1B visa holders in the U.S.

The Department of Homeland Security (DHS) has introduced a proposal titled “Removing Differences to Prior USCIS Determinations of Eligibility.” The deadline for public comments on this proposal is November 13, following its publication in the Federal Register on October 14. Interested parties can share their views via the government portal Regulations.gov.

The proposal suggests eliminating the existing immigration rule 8 CFR 214.1(c)(5). Currently, this rule requires officials to honor prior visa approvals unless there has been a significant change in circumstances, a major error, or new adverse information. If the new proposal takes effect, it will also affect O-1, TN, E, and P visa applications, meaning even previously approved visa holders may face a fresh review when applying for extensions.

According to U.S. Citizenship and Immigration Services (USCIS) data, nearly 399,000 H-1B visa applications were approved in the fiscal year 2024, with 71% of beneficiaries born in India. Among the approved applications for ongoing employment, around 258,000 were granted, with about 203,000, or 79%, being Indian professionals.

DHS estimates that H-1B applications account for over 75% of all Form I-129 submissions received by U.S. immigration services. The proposed changes could affect approximately 208,000 applications annually. The elimination of the previous approval priority could lead to an increase of about three percentage points in the rate of Requests for Evidence (RFE), resulting in an estimated additional 6,000 notices issued each year.

The department notes that applications requiring additional information typically take an average of 64 days longer to process. This figure is based on data from the past four fiscal years. DHS estimates that the additional costs incurred by applicants and employers due to this process could reach approximately $134,000 annually.

The DHS argues that the existing rule prioritizing previous approvals places the burden of proof on immigration officials to justify any deviation from past decisions. The proposed changes would allow officials to make independent decisions based on the specifics of each application.

The department has also referenced data related to workplace inspections. During fiscal years 2022 to 2025, approximately 22% of workplaces inspected for H-1B extensions showed violations or fraud, compared to about 17% during fiscal years 2018 to 2020.

However, the proposal clarifies that officials will not completely disregard previous visa approvals. According to DHS, “Officials will be able to consider prior decisions, but they will not be required to rely on them.”

The department has acknowledged that this change could disrupt the plans of employees and companies that have made career and personal life decisions based on prior visa approvals for employment and legal residency in the U.S.

The policy prioritizing previous visa approvals has undergone several changes since its implementation in 2004. It was abolished during Trump’s first term in 2017, reinstated in 2021, and formally incorporated into immigration regulations in 2024.