Indian professionals are particularly exposed to potential changes because of the lengthy employment-based green card backlog. (AI-Generated Image)
\n\nThe Trump administration has proposed ending a US immigration policy that gives weight to previous visa approvals, potentially making H-1B extensions more uncertain for Indian professionals waiting for employment-based green cards.
\n\nPublished on October 14, 2026, the proposal seeks to remove the requirement for US Citizenship and Immigration Services (USCIS) to defer to earlier favourable decisions when reviewing extension petitions involving the same employer, worker and underlying facts.
\n\nThe proposal is not yet final, and existing rules remain in effect until a final rule is published and takes effect.
\n\nUnder the current policy, USCIS generally considers previous approvals when assessing extension applications, unless there is a material error, a significant change in circumstances or new information affecting eligibility. If the proposal is adopted, officers would have greater freedom to reassess eligibility in subsequent petitions.
\n\nWhy Indian H-1B Holders Could Be Affected
\n\nIndian professionals are particularly exposed to potential changes because of the lengthy employment-based green card backlog. According to US immigration data cited in the report, Indians accounted for about 70 per cent of H-1B beneficiaries in fiscal year 2025.
\n\nMany workers…
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