- The Trump administration proposes ending deference for non-immigrant visa renewals
- USCIS officers would reassess renewals with first-time visa petition scrutiny
- Indian nationals hold about 70% of H-1B visas and file 200,000 extensions yearly
The Trump administration has proposed ending the long-standing 'deference' policy for non-immigrant work visa renewals, this could lead to stricter scrutiny of extension applications and affect Indian professionals in the US. Under the policy, US Citizenship and Immigration Services (USCIS) officers generally rely on previous approvals when reviewing renewals, provided the applicant's role and circumstances remain unchanged.
Eliminating this policy would require immigration officials to reassess routine renewals from the beginning, applying the same level of scrutiny used for first-time visa petitions, according to the Immigration Policy Tracking Project.
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Indian nationals make up approximately 70% of H-1B visa beneficiaries and file an estimated 200,000 extension petitions each year, leaving them particularly vulnerable to policy changes. When the first Trump administration ended the deference policy in 2017, H-1B extension denial rates climbed to as high as 24%, up from the current baseline of about 3.5%.
Immigration experts caution that reversing the policy again could trigger a surge in Requests for Evidence (RFEs), longer processing delays, and higher legal costs for employers sponsoring foreign workers.
The administration maintains that withdrawing deference will help combat potential fraud and prevent workers who may have obtained visas improperly from receiving automatic extensions.
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Business groups and immigrant advocates, however, warn that the move could create significant uncertainty for thousands of skilled professionals and their families, potentially leading to sudden career interruptions, family displacement and reduced productivity for employers.
Although the proposal must go through a public comment process before it can be finalised, the prospect of a policy reversal has reignited concerns across Silicon Valley and the broader Indian diaspora.
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