US Citizenship and Immigration Services (USCIS)
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. H-1B petitions account for more than 75% of all Form I-129 filings, according to DHS. Workers whose extensions are filed on time may generally continue working for up to 240 days after their I-94 expires while the application remains pending, subject to applicable rules.
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). This means H-1B workers could be among the most affected by the proposed change. The removal of deference could lead to more requests for evidence (RFEs) during routine extension applications. USCIS may ask employers to provide additional documents or revisit issues such as whether a job qualifies as a specialty occupation. Longer processing times could bring more cases closer to this limit.
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.