The proposed Department of Homeland Security regulation would strip away binding deference for prior visa approvals, affecting approximately 208,429 petitions each year across categories including H-1B, L-1, and O-1. Although historical data indicates that overall denial rates may not statistically change, officials estimate the shift will produce roughly 6,044 additional requests for evidence annually. These supplementary inquiries are expected to extend processing timelines, potentially disrupting international travel and pushing staff near their 240-day temporary work authorization caps. The proposal was formally published on October 14, 2026, and will accept public feedback through Nove…
Key points
Immigration adjudicators would regain the authority to re-evaluate foreign worker qualifi…: Immigration adjudicators would regain the authority to re-evaluate foreign worker qualifications from scratch even when core job details remain completely unchanged.
Heightened procedural scrutiny threatens to trigger extended processing delays that could…: Heightened procedural scrutiny threatens to trigger extended processing delays that could leave renewing employees approaching their 240-day standard work authorization limit.
Current adjudication standards remain active while the federal government reviews public…: Current adjudication standards remain active while the federal government reviews public input through the November 13, 2026 comment deadline.
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Thousands of
H-1B visa holders and other foreign workers could face closer scrutiny when applying to extend their work status in the US under a new rule proposed by the Department of Homeland Security (DHS). The proposal would remove a regulation that requires US Citizenship and Immigration Services (USCIS) to give weight to its own earlier approval when reviewing an extension filed by the same employer for the same worker and job. The proposed change could affect around 208,429 petitions each year, according to DHS estimates cited by immigration law firm Reddy Neuman Brown. H-1B, L-1, O-1, TN and E visa categories would be among those affected. The proposal was published on October 14, 2026, and public comments are due by November 13, 2026.
Notably, the rule has not yet been finalized. The existing regulation will remain in effect unless DHS issues a final rule and it takes effect.
What is DHS proposing to change
Under the current regulation, USCIS generally gives deference to a previous approval when an employer files an extension involving the same worker, employer and underlying…
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