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H-1B Visa Rule Change: Indian Professionals In US May Face Fresh Scrutiny Over Earlier Approvals
Sentiment: NeutralHigh Priority
What Happened?
A proposed rule by the US Department of Homeland Security could lead to increased scrutiny for H-1B visa holders seeking work-status extensions. The change would allow immigration officers to reassess previously approved applications.
Key points
- The proposed rule would remove the requirement for USCIS to give weight to previous approvals when extending H-1B visas.
- Approximately 208,429 petitions could be affected annually if the rule is adopted.
- Public comments on the proposal are due by November 13, 2026.
- The change could lead to longer processing times and additional documentation requests for visa extensions.
- The proposal also affects other visa categories like L-1, O-1, TN, and E visas.
Key insights
- Increased scrutiny may lead to more applicants facing delays in their visa extension processes.
- The removal of deference could shift the burden of proof more heavily onto applicants.
- This change may discourage some employers from filing extension petitions due to increased uncertainty.
Why it matters
The proposed changes could create uncertainty for foreign workers seeking to extend their stay in the US.
Source
Times Now
