- The Department of Homeland Security released a proposed rule that would scrap the prior deference policy for H-1B and other temporary visa holders
- Employers seeking to extend foreign workers' visas would be required to file fresh justifications for not hiring skilled American workers under the new rule
- The proposal reverses a Biden-era regulation that had codified deference to previous approvals into federal immigration rules
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TUKO.co.ke journalist Japhet Ruto has over eight years of experience in financial, business, and technology reporting, offering insights into Kenyan and global economic trends.
The Trump administration has moved to dismantle a long-standing immigration policy that allowed federal examiners to defer to previously approved justifications when processing visa extension requests for foreign workers.
Source: Facebook
The Department of Homeland Security (DHS) published the proposed rule targeting a practice known as prior deference, under which agency officials were required to accept older corporate justifications when an H-1B or other temporary worker's circumstances had not changed since a prior approval.
What the proposed rule would change
Under the new framework, employers would be required to submit fresh documentation each time they seek to extend the temporary status of a foreign worker, including a new explanation for why a qualified American worker was not hired in their place.
The change would affect H-1B visa holders and other categories of workers on temporary status.
DHS stated that removing deference to prior approvals would strengthen the integrity of immigration programmes and better serve the interests of American workers.
"DHS believes that removing deference [to prior justifications] would enhance programme integrity and thereby better protect the interests of US workers, consistent with this Administration's priorities," the department said in its statement.
Policy reversal spanning three administrations
The prior deference policy has moved back and forth across administrations. It was initially curtailed during President Donald Trump's first term, when additional scrutiny was applied to extension requests even in cases where an employee's working conditions remained unchanged.
The Biden administration reversed that approach in 2021 guidance and later embedded the deference principle into formal DHS regulations as part of a broader overhaul of H-1B rules in 2024.
The current proposal would undo that codification, reinstating the stricter review standard that Trump officials previously favoured.
What is the new work permit fee?
In other news, we also highlighted facts about the Trump administration’s proposed KSh 9.03 million fee for US universities sponsoring international students on the OPT work programme, including how the rule could affect Kenyan graduates.
For families who invest heavily in US education, OPT can provide a vital chance to work after graduation and recoup some of the cost.
The proposed fee could put that pathway out of reach for thousands of students.
Source: TUKO.co.ke
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