The US Department of Homeland Security (DHS) has proposed scrapping a policy that generally requires US Citizenship and Immigration Services (USCIS) officers to defer to their previous approvals when reviewing certain work visa extension petitions involving the same parties and underlying facts. The proposed change could make it more challenging for Indian professionals to secure H-1B extensions.
The proposed regulation would remove the requirement for officers to give weight to earlier approvals, allowing them to reassess each petition on its merits, even when the circumstances have not materially changed.
H-1B visa holders can generally stay in the US for up to six years, with the initial approval covering three years and the possibility of a further three-year extension. Certain workers are allowed to remain beyond this period if they are awaiting a decision on an employment-based green card or have an approved application but cannot obtain an immigrant visa number. This provision applies to many Indian professionals. The DHS will consider feedback before deciding whether to finalise the regulation. Until then, the proposed change should not be treated as a final rule.
The proposal is open for public comments, which must be submitted by November 13, 2026.
The policy, known as “deference to prior approvals”, provides a degree of predictability for employers seeking to retain foreign workers.
The proposed regulation would remove the requirement for officers to give weight to earlier approvals, allowing them to reassess each petition on its merits, even when the circumstances have not materially changed.
