H-1B, L-1 visa extensions may face greater scrutiny as USCIS seeks to end deference to earlier approvals

The Trump administration has proposed scrapping a rule that requires US immigration authorities to generally defer to their previous eligibility decisions when adjudicating certain nonimmigrant worker petition extensions, potentially increasing scrutiny of H-1B applications and other employment-based immigration requests.

The Department of Homeland Security (DHS), through US Citizenship and Immigration Services (USCIS), published a proposed rule on October 14 seeking to remove Section 8 CFR 214.1(c)(5), which requires immigration officers to generally respect earlier eligibility determinations when the same parties and underlying facts are involved.