US proposes new H-1B rule, 2 lakh foreigners at risk?

The US government seems to be searching for new ways to make life even more difficult for foreign workers. As if the series of immigration policies introduced so far are not enough, the department of Homeland Security has proposed another harsh rule that might put 2 lakh H-1B employees at a big risk.

The proposed new rule if implemented could enforce US Citizenship and Immigration Services (USCIS) officers from automatically trusting their own past visa approvals while processing renewal applications of H-1B employees.

Under the current rules, when an employer applies to extend a worker’s visa for the exact same job and company, USCIS officers normally give deference to the earlier approval unless there was a major mistake or change.

But, if this new rule gets approved, officers will be allowed to review renewal applications completely from the scratch. Even if a worker has stayed in the same role for years, officials can question their job eligibility all over again.

The change will hit H-1B visa holders the hardest. Other temporary work categories like L-1, O-1, TN, and E visas will also lose this renewal protection. As per government data, nearly 57 percent of employers filing H-1B renewals are from smaller companies. So, this harsh measure could impact their employees.

For now, nothing has changed because the proposal is still going through the official process. The DHS opened the plan for public comments in October, and the 30 day feedback window closes today.

Until the government reviews all public feedback and publishes a final rule, the current visa renewal rules remain intact.