H-1B Visa Renewals May Face Fresh Scrutiny Under US Proposal

Getting an H-1B visa extension in the US could become more difficult if a new government proposal is approved. The Department of Homeland Security wants to change how immigration officers handle renewal applications, including those filed by workers who continue in the same job with the same employer.

Under the existing approach, USCIS officers generally give weight to an earlier approval when there has been no major change in the employee's circumstances. They can still revisit a case if the earlier decision contained a significant error or new information affects the worker's eligibility.

The proposed change would remove that expectation. Officers could examine an extension application afresh, even when the employee has been working in the same position for years. Employers may also have to submit additional documents to establish that the worker continues to qualify.

The proposal covers more than H-1B visas. It could also affect extension applications under categories such as L-1, O-1, E and TN. DHS estimates that around 208,429 extension petitions could fall within its scope each year.

Smaller businesses could face additional paperwork and delays. DHS says small entities accounted for 57 percent of the classifiable employers that filed H-1B extension petitions in its analysis.

For now, workers do not need to worry about an immediate change. DHS published the proposal on October 14 and invited public comments until November 13. The department will review the feedback before deciding whether to issue a final rule. Until then, the existing renewal process remains in place.