USCIS Proposes Ending 'Deference' for H-1B and L-1 Visa Extensions
A proposed US rule would make officers review every work visa extension from scratch, even with the same employer and job. Here is what H-1B, L-1 and other workers should know.
USA| Country | USA |
|---|---|
| Organization | U.S. Department of Homeland Security / USCIS |
| Official source | Federal Register – "Removing Deference to Prior Determinations of Eligibility" (proposed rule) ✓ federalregister.gov |
The US Department of Homeland Security (DHS) has proposed a rule that could make it harder to extend some US work visas. The proposal, titled "Removing Deference to Prior Determinations of Eligibility," was filed for public inspection on 13 October 2026 and scheduled for publication in the Federal Register on 14 October.
This is a proposal, not a final rule. Current rules still apply.
What "deference" means
Today, when an employer asks to extend a worker's visa for the same job, with the same employer and the same facts, USCIS officers generally defer to their earlier approval. They only look again if there was a material error, a material change, or new information that affects eligibility.
The new rule would remove that approach. Officers would review every extension on its own merits, as if it were a new case. A past approval would no longer automatically support a new one.
Which visas are affected
The proposal covers extension petitions filed on Form I-129, including:
- H-1B (specialty occupations)
- L-1 (intra-company transfers)
- O-1, TN, E, H-2, P, Q and R categories
What it could mean for workers
According to reporting on the proposal, DHS expects:
- more Requests for Evidence (RFEs) on extensions, potentially thousands more each year
- more documents needed from employers
- longer processing for some cases
DHS says the change would strengthen fraud detection, avoid repeating past mistakes and protect US workers.
A policy that keeps changing
Deference was first adopted in 2004, withdrawn in 2017, brought back in 2021 and written into the H-1B modernisation rule in December 2024. This proposal would reverse it again.
What to do now
- No action is needed yet if your extension is not due. The rule is not in force.
- If you are on an H-1B or L-1 and your extension is coming up, ask your employer to prepare a complete file rather than relying on the previous approval.
- The public can comment on the proposal during the comment period, which was reported as 30 days. Check the Federal Register page for the exact deadline.
Apply only through the official source.
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