DHS Proposal to Remove Deference to Previous H-1B Approvals Could Impact Kenyan Professionals

The United States Department of Homeland Security (DHS) has proposed a significant change to H-1B visa processing that could impact numerous Kenyan and other African professionals working in the U.S. or planning to immigrate. The proposal, announced on October 13, 2026, seeks to eliminate the current policy of deferring to prior approvals when adjudicating extensions for H-1B workers. This change is poised to affect thousands of foreign workers, including many from Kenya, who rely on the H-1B visa to secure employment in the United States.

Currently, under the existing policy, U.S. Citizenship and Immigration Services (USCIS) officers are instructed to give deference to prior approvals of H-1B visa applications unless there is a material error, a substantial change, or new adverse information. The proposed DHS regulation aims to remove this deference, requiring each extension application to be reviewed as if it were a new petition. This could potentially lead to increased scrutiny and more stringent evaluations, thereby affecting the renewal process for existing H-1B visa holders.

This policy shift is part of broader efforts by the Trump administration to tighten immigration controls and enhance the integrity of the H-1B visa program. The DHS argues that this change will ensure that each application is thoroughly evaluated based on current circumstances without undue reliance on past approvals. However, critics, including immigration advocates and employers, warn that this could lead to increased uncertainty and processing delays, disrupting the lives of many skilled workers and their employers.

Kenyan professionals in the U.S., particularly those working in technology, engineering, and healthcare sectors, could face challenges under the new proposal. As the H-1B visa is a critical pathway for skilled workers from Kenya and other nations, the removal of deference to prior approvals could result in a more cumbersome renewal process, potentially affecting job security and career progressions.

The H-1B visa program, which allows U.S. companies to employ foreign workers in specialty occupations, has been a vital tool for international talent acquisition. Each year, approximately 85,000 H-1B visas are issued, with thousands of Kenyan nationals among the applicants. The proposed regulation could introduce new hurdles for these applicants, requiring them to provide additional documentation and evidence of their eligibility and qualifications with each renewal.

The DHS proposal is currently open for public comment, and stakeholders, including affected individuals and organizations, have the opportunity to express their views and concerns. The final rule will take effect following the comment period and subsequent revisions by the DHS.

As the situation develops, Kenyan professionals and their employers in the U.S. are advised to stay informed about the changes and prepare for potential impacts on H-1B visa processing. The Kenya Diaspora Alliance and other advocacy groups may play a crucial role in assisting affected individuals navigate the evolving immigration landscape.