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H-1B Visa Update: More Than 200,000 Petitions Face Tougher Reviews

H-1B Visa Update: More Than 200,000 Petitions Face Tougher Reviews

Summary

The Department of Homeland Security (DHS) under President Donald Trump plans to end a faster renewal process for H-1B and other work visas. This means that visa renewal applications will be reviewed from the beginning, even if the worker, employer, and job have not changed. The change could delay approvals and increase requests for more information.

Key Facts

  • DHS wants to stop allowing officials to rely on previous visa approvals when reviewing renewals.
  • The current faster process was introduced in 2024 by the Biden administration to reduce delays.
  • The new rule means each visa extension will be reviewed individually, even if facts stay the same.
  • About 208,000 visa extension applications each year will be affected, with 75% being H-1B visas.
  • Other visa types affected include H-2A, H-2B, L-1, O-1, P, R-1, TN, and certain E visas.
  • The change may cause longer processing times and more Requests for Evidence (RFEs).
  • DHS says the burden of proof should be on employers to show eligibility for visa renewals.
  • Critics say this update could force companies to lose experienced foreign workers and move jobs overseas.
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