US proposes rule to end deference for H-1B visa extensions
The Department of Homeland Security could remove requirements for officers to weigh previous approvals when reviewing work status extensions.
The US Department of Homeland Security (DHS) has proposed a new rule that could subject thousands of foreign workers to stricter scrutiny during work status extensions, according to a Times of India report.
The proposal aims to remove a regulation that currently requires US Citizenship and Immigration Services (USCIS) to give weight to its own prior approvals when an employer seeks an extension for the same worker and role.
If the rule is finalised, USCIS officers would not be required to rely on earlier decisions. They could instead re-examine issues that were previously settled, even if the worker's job and employer remain the same.
DHS stated that the existing policy might move the responsibility of proving eligibility from employers to immigration officers. The department also argued that deference could stop officers from asking for more evidence and allow incorrect past decisions to impact future petitions.
The change could affect approximately 208,429 petitions annually, including H-1B, L-1, O-1, TN, and E visa categories. DHS estimates the move could result in about 6,044 more requests for evidence (RFEs) each year.
The proposal was published on October 14, 2026, and the public has until November 13, 2026, to submit comments. The current regulation will stay in effect unless a final rule is issued.
