DHS Proposes Ending Deference for H-1B and I-129 Visa Extensions, Potentially Increasing Scrutiny
The Department of Homeland Security (DHS) has proposed a rule change that would eliminate the requirement for U.S. Citizenship and Immigration Services (USCIS) to defer to prior approvals when processing extensions for H-1B and other I-129 nonimmigrant worker petitions. This proposed change, titled 'Removing Deference to Prior USCIS Determinations of Eligibility,' was published on October 14, 2026, and public comments are due by November 13, 2026. Currently, USCIS officers are instructed to defer to previous decisions for the same employer, worker, and job unless there's a material error, a material change in circumstances, or new adverse information. The proposed rule would delete this instruction, meaning each extension would be reviewed as if it were a new application. DHS estimates this change would affect approximately 208,429 petitions annually, with H-1B petitions constituting over 75% of all I-129 filings. The agency justifies this by stating that the current deference shifts the burden of proof fr...