DHS proposes new H-1B extension rule: Workers in US could face stricter checks even with same employer

Detailed summary

The proposal seeks to remove a rule that requires US Citizenship and Immigration Services to consider its own previous approval when reviewing an extension application filed by the same employer for the same worker and job.

Thousands of H-1B visa holders and other foreign workers in the US could face stricter checks when applying to extend their work permits under a new proposal by the Department of Homeland Security (DHS).

The proposal seeks to remove a rule that requires US Citizenship and Immigration Services (USCIS) to consider its own previous approval when reviewing an extension application filed by the same employer for the same worker and job.

A Times of India report, citing immigration law firm Reddy Neuman Brown, said the proposed change could affect around 208,429 petitions every year. The visa categories covered include H-1B, L-1, O-1, TN and E visas.

The proposal was published on October 14, 2026, and the public can submit comments until November 13, 2026.

However, the proposal has not yet been finalised. The existing rule will continue to apply unless DHS issues a final rule and it comes into effect.

Under the current rules, USCIS generally gives weight to an earlier approval when the same employer applies to extend a worker's status under the same job and circumstances.

However, immigration officers can reconsider an earlier decision if they find a significant error, a change in circumstances or new information that affects the worker's eligibility.

DHS now wants to remove this requirement by deleting Section 8 CFR 214.1(c)(5) and marking the provision as “Reserved”.

If the proposal becomes a final rule, USCIS officers will be able to review extension applications afresh without being required to follow an earlier approval. This means they could revisit issues that were already examined, even if the employee continues to work for the same employer in the same role.

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