US Proposes Fresh Reviews for H-1B Extensions, Ending Reliance on Earlier Approvals
What Happened
The US Department of Homeland Security (DHS) has proposed removing a regulation that generally requires US Citizenship and Immigration Services (USCIS) officers to give weight to prior eligibility approvals when reviewing extensions of employment-based nonimmigrant visas, including H-1B petitions. The proposal, published in the Federal Register on 14 October 2026, would allow officers to reassess eligibility even when the employer, worker, and underlying facts remain unchanged. The rule is currently open for public comment until 13 November 2026 and has not taken effect.
Key Takeaways
If finalized, the proposal could make H-1B and other work visa extensions less predictable because employers may need to re-establish eligibility during each extension filing rather than relying on a previous approval. However, the measure remains a proposal and current rules continue to apply.