The Department of Homeland Security has proposed eliminating a policy that allows employers to rely on previous immigration approvals when extending temporary foreign workers’ visas, a change officials say would strengthen enforcement and protect American workers.
By yourNEWS Media Newsroom
The Trump administration is moving to increase scrutiny of employers seeking to extend temporary foreign workers’ authorization to remain in the United States, proposing regulations that would allow immigration officers to reconsider previously approved visa petitions even when the underlying circumstances have not changed.
The Department of Homeland Security’s proposed rule, published Wednesday, October 14, would eliminate a longstanding policy requiring U.S. Citizenship and Immigration Services officers to generally defer to earlier eligibility determinations involving the same employer, worker and supporting facts.
The change would affect employment-based immigration petitions filed on Form I-129, including those involving H-1B specialty occupation workers, L-1 intracompany transfers and other temporary employment classifications.
Under existing regulations, immigration officers generally rely on previous approvals unless they identify a material error, a significant change in circumstances or new information affecting eligibility. DHS argues that the policy can discourage additional scrutiny and allow previous mistakes to influence subsequent decisions.
“DHS believes that removing deference would enhance program integrity and thereby better protect the interests of U.S. workers, consistent with this Administration’s priorities,” the department stated.
The proposal would restore broader authority for immigration officers to independently assess whether employers and foreign workers continue to satisfy visa requirements. Officers could request additional evidence and deny extensions when eligibility is not adequately demonstrated, regardless of earlier approvals.
However, the proposed rule does not establish a universal requirement that employers prove they attempted to hire American workers before requesting an extension. Employers would remain responsible for meeting the eligibility requirements applicable to each visa category.
The measure is part of a broader administration effort to strengthen oversight of employment-based immigration programs amid concerns about fraud, wage suppression and the displacement of American workers.
Vice President JD Vance criticized corporate reliance on temporary foreign labor during remarks October 8, accusing some companies of exploiting immigration programs to reduce labor costs.
“I’m sure that everybody here understands the game that is being played: You bring in indentured servants from outside the country, you lay off American workers, and if you’re a corporation, you make a ton of money by undercutting the wages of American workers, replacing them with people who, frankly, shouldn’t be in the United States of America to begin with. This is a terribly pernicious system. It’s gone on for too long,” Vance said.
The administration has also increased scrutiny of employment-related immigration petitions involving major technology companies and staffing firms, as outlined in recent reporting on Vance’s immigration enforcement campaign.
DHS cited compliance data to support its proposed changes, reporting that 22.39% of H-1B worksites inspected between fiscal years 2022 and 2025 involved noncompliance or fraud indicators, compared with 16.77% between fiscal years 2018 and 2020.
For L-1A visa extensions, the corresponding figures were 24.46% and 18.37%, respectively.
Those percentages reflect findings from administrative and targeted site visits, not the overall rate of fraud among all visa holders or employers. Differences in inspection methods and selected worksites can also affect comparisons between periods.
The deference policy originated in 2004 under President George W. Bush, was rescinded during Trump’s first administration in 2017 and reinstated by President Joe Biden in 2021. It was subsequently incorporated into federal regulations in 2025.
Immigration attorney John Miano, who represents American workers in employment-related disputes, questioned whether changing the policy would meaningfully improve enforcement without more rigorous investigation of employers.
“They’ve got to actually check,” Miano told Breitbart News, expressing skepticism that new requirements alone would prevent abuse.
Business immigration attorneys have warned that eliminating deference could increase processing delays and create uncertainty for employers relying on specialized foreign workers.
In an October 13 analysis, immigration law firm Fragomen predicted more requests for evidence and an increased risk of denials if the proposal takes effect.
“If the regulation is implemented, employers are likely to see a marked increase in Form I-129 requests for evidence (RFEs) and an increased risk of denials, with a particular impact on extension of status petitions; this in turn could disrupt the ability of employers to retain sponsored foreign talent and impede projects and workforce planning,” the firm stated.
Fragomen noted that H-1B extension denial rates rose substantially after the first Trump administration eliminated deference, reaching 24% before declining following its reinstatement.
The department’s proposal remains subject to a 30-day public comment period and has not yet taken effect. DHS will review submissions before determining whether to issue a final regulation.
If adopted, the measure would give immigration officers greater discretion to reassess temporary worker petitions while increasing the documentation and compliance burdens facing employers seeking to retain foreign personnel.
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