US proposes rule change that could affect H-1B visa extensions

The proposed rule would remove the requirement for USCIS to defer to previous approvals, potentially increasing requests for evidence.

By SafarSamachar Desk12 Nov 2026, 10:54 am IST

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Illustration: SafarSamachar Pix Desk, created with AI assistance. Not a photograph of the event.

Key facts at a glance

1The US Department of Homeland Security has proposed a rule change affecting H-1B, L-1, O-1, TN and E visa categories
2The proposal was published on October 14, 2026
3Public comments are due by November 13, 2026
4Under current rules, USCIS gives deference to previous approvals when reviewing extensions
5DHS wants to remove the requirement to defer to earlier approvals

The US Department of Homeland Security has proposed a rule change that could affect thousands of employees on H-1B visas. The proposal, published on October 14, 2026, would remove the requirement for USCIS to give deference to previous approvals when reviewing visa extensions.

This change could lead to an increase in requests for additional evidence during reviews.

Public comments on the proposed rule are due by November 13, 2026. The existing regulation will remain in effect unless a final rule is issued. Under current rules, USCIS gives deference to previous approvals when reviewing extensions. DHS argues that this deference may shift the burden of proof from employers to USCIS officers.

The deference policy was first introduced in a USCIS memo in 2004 but was rescinded in 2017. It was reinstated in 2021. H-1B petitions account for more than 75% of all Form I-129 filings. If finalized, the proposed change could lead to around 6,044 additional requests for evidence each year.

More details

What evidence is most frequently requested in Requests for Evidence (RFEs) for H‑1B extensions under the current USCIS guidelines?

Employers are often asked to provide documentation of the offered role, business operations, compensation, contracts, work location, and the worker’s qualifications again.

offered role
business operations
compensation
contracts
work location
worker's qualifications

Source: Mint

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