DHS proposes ending weight given to prior approvals in work visa extensions, affecting about 208,429 petitions a year
Key points
- The proposal is not final; public comments close November 13, 2026.
- Per Reddy Neuman Brown estimates, about 208,429 petitions a year could be affected.
- Covers H-1B, L-1, O-1, TN and E categories; if finalized, USCIS could re-review cases where the employer and position are unchanged.
The US Department of Homeland Security has proposed removing a rule requiring officers to give weight to prior approvals when reviewing certain work visa extensions. Per Reddy Neuman Brown estimates, about 208,429 petitions a year could be affected, across H-1B, L-1, O-1, TN and E categories. The proposal is not final; comments close November 13, 2026. If finalized, USCIS could re-review cases where the employer and position are unchanged. For reference only; not legal advice.
What employers should do
- Follow the proposal before the November 13, 2026 comment deadline and consider submitting comments through counsel or industry groups.
- Review pending visa extension cases and allow time for possible re-review.
Policy details
- Jurisdiction
- Federal
- Status
- Proposed rule
- Effective date
- —
- Employers covered
- Employers filing extensions for H-1B, L-1, O-1, TN and E category workers
- Official source
- View official source ↗
Original report: The Economic Times ↗Edited with AI assistance. Facts are based on official sources and original reports. For information only; not legal, immigration or insurance advice.