USCIS PROPOSES STRICTER RULES FOR WORK VISA RENEWALS!

H-1B, L-1, O-1, R-1 and Other Work Visa Holders Could Face Increased Scrutiny — Even After Previous USCIS Approvals!

The U.S. Department of Homeland Security (DHS) has introduced a proposed rule that could significantly change how USCIS reviews extensions of previously approved nonimmigrant worker petitions.

Under the proposal, USCIS would eliminate the requirement to give deference to prior approvals, allowing officers to reassess eligibility without beginning from the assumption that an earlier approval should generally be followed.

KEY HIGHLIGHTS:

Previous approvals may carry less weight: USCIS officers would no longer be required to defer to an earlier approval involving the same employer, worker, and underlying facts.

More thorough reviews: Employers and workers could face greater scrutiny when requesting extensions, even where employment circumstances remain unchanged.

More Requests for Evidence (RFEs): DHS anticipates that the change could increase RFEs, documentation requirements, and processing delays.

Multiple visa categories affected: The proposal concerns Form I-129 petitions, including classifications such as H-1B, L-1, O-1, P-1, R-1, E, and TN, among others.

Existing approvals are not automatically canceled: The proposal does not itself revoke previously approved petitions or change the substantive eligibility requirements for these visa categories.

WHAT THIS MEANS FOR FOREIGN WORKERS:

• If finalized, an approved H-1B, L-1, O-1, or R-1 petition would not necessarily make a subsequent extension easier to obtain.

• Employers and beneficiaries should be prepared to provide updated evidence demonstrating continued eligibility, even when the job, employer, and other circumstances have not materially changed.

IMPORTANT: THIS IS NOT YET LAW!

The proposed rule has not been finalized. The existing deference regulation remains in place unless and until it is lawfully changed.

DHS is accepting public comments on the proposal through the federal rulemaking process.

HERE'S THE BOTTOM LINE:

• A previous USCIS approval may no longer receive the same regulatory deference during future work visa extension reviews if this proposal becomes final.

• Affected employers and foreign workers should begin reviewing their extension documentation and immigration timelines.

The ViServe Immigration Update: Navigate. Prepare. Succeed.

Source: U.S. Department of Homeland Security, Removing Deference to Prior USCIS Determinations of Eligibility, Federal Register, October 14, 2026. You may click on the link to read further: https://public-inspection.federalregister.gov/2026-20941.pdf?1791895516

Disclaimer: This newsletter is provided for informational purposes only and does not constitute legal advice. The proposed rule is subject to public comments and may be modified or withdrawn before finalization.