The US government (DHS) wants to change how it reviews work visa extensions, specifically for H-1B visa holders and other foreign workers in the US. 

How Deference to Prior Approvals Works 

• When a foreign worker needs to renew their visa, and nothing has changed (same job, same employer, same everything), USCIS officers currently look at the previous approval and say “this was already vetted, let’s keep it moving”
• That’s called “deference to prior approvals” under 8 CFR 214.1(c)(5)
• It makes routine H-1B extension renewals smooth and predictable

What DHS Wants to Do

• Remove the deference rule entirely so officers no longer have to respect the earlier approval
• Every visa extension application gets reviewed from scratch, like a brand new Form I-129 petition
• Even if the worker hasn’t changed jobs, salary, or employer

Why DHS Says It’s Necessary

• The current rule allegedly shifts the burden of proof from employers onto USCIS officers, which goes against immigration law
• One questionable approval could keep carrying forward into future H-1B petitions
• But here’s the thing: DHS’s own data found that denial rates didn’t statistically differ between periods when deference was in place vs when it wasn’t

How the Rule Could Affect Visa Processing 

• 208,429 petitions per year could face extra scrutiny
• Around 6,044 more Requests for Evidence (RFEs) expected annually
• Cases with an RFE take a median of 76 days to decide vs 12 days without one
• H-1B makes up 75%+ of all affected filings, so H-1B workers get hit the hardest

Who’s Affected?

• H-1B visa holders
• L-1 visa holders
• O-1 visa holders
• TN visa holders
• E visa holders
• P visa holders

Is It Final?

• Nope. It’s just a proposed rule right now
• Public comments are due November 13, 2026
• The current deference regulation stays in effect unless DHS finalises the change

Also Read: 10-Year US Visa: The Rules Nobody Bothers to Read

Right now, renewing a work visa with the same job is like renewing a driver’s licence, quick and straightforward. The proposed rule change would make every visa renewal feel like taking the driving test all over again. More paperwork, more delays, more stress, even when nothing has changed about the H-1B visa extension.

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