US Proposes Rule Change to Make It Harder for Foreign Workers to Get Visa Extensions

The US Department of Homeland Security (DHS) has proposed a rule that could make it harder for foreign workers to get their work visas extended, even if their applications were approved earlier, Bloomberg reported. The proposal would end a long-standing practice under which US Citizenship and Immigration Services (USCIS) generally relied on its previous approval when reviewing an extension request, provided there had been no major change in the case. If the proposal is finalised, employers sponsoring foreign workers under H-1B , L-1, O-1, TN, E and other employment-based nonimmigrant visa categories could face closer scrutiny when applying for extensions. The proposed rule is scheduled to be published in the Federal Register on October 14, 2026. The Department of Homeland Security will then accept public comments for 60 days before deciding whether to make the change final. For many years, USCIS generally gave weight to its earlier decisions when reviewing visa extension applications involving the same employer and employee, provided the basic facts of the case had not changed. This meant that if a worker’s petition had already been approved and there was no major change in the circumstances, immigration officers would generally rely on the earlier decision. They could review the case again if new information raised questions about the worker’s eligibility. However, the policy has changed several times under different US administrations. During President Donald Trump’s first term, USCIS moved away from this approach and directed officers to examine extension applications more independently. In 2021, the Biden administration restored the policy through agency guidance. The move provided greater consistency and predictability for employers and foreign workers applying for extensions. In 2024, the Biden administration finalised an overhaul of H-1B visa rules that formally included the deference policy in federal regulations. The policy was later formally included in federal regulations under the H-1B modernisation rule, which took effect in 2025. Now, DHS wants to reverse that decision by removing the regulatory provision that requires immigration officers to give deference to earlier approvals. Under the proposed rule, USCIS officers would no longer be required to give special weight to earlier approval decisions when reviewing extension petitions. Officers could still consider previous approvals, but those decisions would not automatically carry the same weight they do under the existing rules. DHS says the proposed change is intended to ensure that employers meet the burden of proving eligibility with every application. It also wants officers to conduct independent reviews instead of relying on earlier decisions. The department believes this could help prevent earlier mistakes from being repeated in later decisions. If the rule is finalised, employers could face tougher checks when applying to extend a foreign worker’s visa, even if the employee’s job, qualifications and other important details have not changed. One possible outcome is an increase in Requests for Evidence (RFEs), in which USCIS asks employers to provide additional documents or information before making a decision, according to Erickson Immigration Law. Employers may also have to submit more detailed paperwork to establish that their employees continue to meet the requirements for the visa category. The proposal could lead to longer processing times and higher legal and administrative costs for companies filing extension petitions. As a result, employers may need to prepare extension applications with the same level of detail as initial petitions.