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H-1BL-1O-1TNE-3

Visa extensions reviewed from scratch, even when nothing changed

Homeland Security rule: Removing Deference to Prior USCIS Determinations of Eligibility (RIN 1615-AD26)

  1. Draft

  2. Comments

  3. Revising

  4. In effect

Comments open until Nov 1314 days left

377 comments so far

76% oppose18% support6% neither

What would change

USCIS proposes dropping the rule that has officers generally follow an earlier approval when an extension involves the same employer, worker and facts. Every H-1B, L-1, O-1 and similar extension would get a full new review.

5,327 views of the official page

Comment on regulations.gov ↗Read the proposal ↗

Timeline

  1. Oct 14, 2026

    Proposal published for public comment

  2. Nov 13, 2026

    Public comments close

Those opposed say

  • Extensions with nothing changed would get more evidence requests
  • Renewals become unpredictable for workers and employers
  • The agency's own analysis found no change in denial rates

Those in favor say

  • Each petition should be judged fresh on its merits
  • Earlier approvals may have been mistakes worth catching
  • More accountability in the H-1B program

A sample of 80 comments read by AI on Oct 29, not a poll.

From the Federal Register, regulations.gov and the White House's list of rules under review, checked daily. Summaries are ours and leave out detail, so read the official text before acting on it. We don't take sides on any of these.

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