ARTICLE · 11 FEBRUARY 2025

Streamlining Visa Extensions: The Deference Policy Codified In The H-1B Modernization Rule

Santos Lloyd Law Firm

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A key development occurred in December 2024, when the deference policy was officially written into regulation (the "H-1B modernization rule"), set to take effect on January 17, 2025.

United StatesImmigration

Kris Quadros-Ragar

A key development occurred in December 2024, when the deference policy was officially written into regulation (the "H-1B modernization rule"), set to take effect on January 17, 2025. Once it takes effect, USCIS adjudicators must apply the deference policy to extension requests involving the same employer, the same employee, and the same job details.

USCIS can still decide not to defer to the previous approval if:

There was a material error in the earlier approval.
There has been a material change in circumstances or eligibility.
New information raises doubts about eligibility.

Even in these situations, officers must explain why they are not deferring. Importantly, USCIS does not have to defer to decisions made by other agencies, such as the U.S. Department of State or Customs and Border Protection.

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