DHS proposes rule ending deference to prior approvals in H-1B and other work visa renewals; comment period closes Nov. 13
Key points
- DHS proposes that USCIS no longer defer to prior approvals when reviewing renewals
- L-1, O-1, TN and E categories would also lose the protection
- The 30-day comment window closes Nov. 13; current rules remain until a final rule is published
The US Department of Homeland Security has proposed a rule that would let USCIS officers review H-1B renewal petitions from scratch rather than deferring to earlier approvals. L-1, O-1, TN and E categories would also lose the protection.
The 30-day comment window closes Nov. 13, and current rules stay in place until a final rule is published. Gulte reports that about 57% of H-1B renewal employers are small companies and that about 200,000 H-1B workers could be at risk. Not legal advice.
What employers should do
- Check the visa category and current approval status of employees before filing renewals
- Watch the Nov. 13 comment deadline and assess whether to submit comments
- Keep tracking the rule until a final rule is published
Policy details
- Jurisdiction
- Federal
- Status
- Proposed rule
- Effective date
- —
- Employers covered
- Employers filing renewals for H-1B, L-1, O-1, TN and E visa workers
- Official source
- View official source ↗
Original report: Gulte ↗AI-assisted brief; may contain inaccuracies. Rely on the original reports and official documents. For information only; not legal, immigration or insurance advice.