New Delhi .The process of visa extension for foreign workers working in the United States, especially Indian professionals, may become more difficult than before in the coming times. The US Department of Homeland Security, working under the administration of President Donald Trump, has come up with a proposal, if implemented, thousands of foreign workers may have to undergo rigorous scrutiny again to extend their work visas. This proposal is estimated to impact approximately 2,08,429 visa extension petitions every year.
Not only H-1B visa holders, but also foreign workers of L-1, O-1, TN and E visa categories can come under the ambit of this change. A large number of Indian professionals in these categories are working in the US. This proposal is being considered important especially in view of the presence of Indian employees in information technology, engineering, management and other specialized areas.
At present, in the cases of visa extension in America, there is a system in place, under which the approval given earlier is given importance while reviewing the application again. This is called difference policy. Under this, if an employee is working in the same company, in the same position and under the same circumstances as before, then the US Citizenship and Immigration Services (USCIS) can use the previous approval as the basis when his company applies to extend the visa.
Under the current system, immigration officials generally must have a compelling reason to re-examine a previously approved application in detail. For example, a major error in the application, a change in the employee's circumstances or new information relating to his/her qualifications. In such a situation additional documents and evidence may be asked for.
Now DHS is preparing to end this system. The Department proposes to remove federal rule 8 CFR 214.1(c)(5) and declare the related provision reserved. If this change is finally implemented, it may eliminate the obligation for USCIS officers to grant extensions based on previous visa approvals.
This would directly mean that even if there is no change in the job, company and post of an employee, his application can be examined afresh. The officials may again ask for documents related to his educational qualification, professional experience, job responsibilities and visa category eligibility. Previous approval can be taken into account, but it will not be necessary to consider it as a mandatory basis.
DHS is giving its own argument in favor of this change. The department says that in the current system, giving excessive importance to previously given approval can affect the review process of immigration officers. According to immigration law, it is the responsibility of the company filing a petition for a foreign employee to prove the employee's eligibility for the relevant visa category.
The department believes that reliance on previous approvals may reduce the pressure on companies to submit necessary evidence. Moreover, if there has been an earlier wrong or questionable decision in an application, it would not be appropriate to base the same decision on further extensions. Through the new proposal, officials will be able to independently review eligibility.
An important aspect of this proposal is that it has not yet received final rule status. Suggestions and objections were sought from the public on this till 13 November 2026. The existing system will remain in force until the final rules are issued and come into effect. So there is no immediate change in the rules for H-1B or other related visa holders at this time.
According to estimates by immigration law firm Reddy Newman Brown, 2,08,429 petitions could be affected annually if the proposal is implemented. In such a situation, Indian employees and the companies employing them may have to face challenges in future like additional documentary process, detailed verification of eligibility and possible delay in visa extension.