Proposed rule would end USCIS deference to prior H-1B and L-1 approvals; comments close Nov. 13
Key points
- The proposed rule would remove 8 CFR 214.1(c)(5), ending deference to prior approvals in extensions
- It would apply to all Form I-129 petitions, including H-1B and L-1
- Comments close November 13; the current rule stays in force until a final rule takes effect
The Department of Homeland Security (DHS) has proposed ending immigration officers' deference to prior approvals in H-1B, L-1 and other extensions. The proposal would remove 8 CFR 214.1(c)(5) and cover all Form I-129 petitions. The notice was published in the Federal Register on October 14, and public comments close November 13. The current rule stays in force until a final rule takes effect. Per USCIS data, 71% of about 399,000 H-1B approvals in fiscal 2024 were for India-born beneficiaries.
What employers should do
- Review the comment period ending November 13 and decide whether to submit comments
- Audit pending H-1B and L-1 extension cases for possible changes in review
- Continue preparing extension filings under the current rule until a final rule takes effect
Policy details
- Jurisdiction
- Federal
- Status
- Proposed rule
- Effective date
- —
- Employers covered
- Employers filing I-129 petitions, including H-1B, L-1, O-1, TN, E and P
- Official source
- View official source ↗
Original report: Sambad English ↗Edited with AI assistance. Facts are based on official sources and original reports. For information only; not legal, immigration or insurance advice.