H-1B Visa Extensions Face Tougher Reviews as US Comment Deadline Nears

The United States is one day away from closing public comments on a proposal that could make H-1B visa extensions harder to win. The Department of Homeland Security published the plan on 14 October 2026, and comments close on Friday 13 November. The change would end the rule that tells immigration officers to defer to their own earlier approvals when the same employer seeks to extend the same worker.

H-1B Extension Rule Change — Quick Reference Summary

What the Deference Rule Does Today

Under the current regulation, 8 CFR 214.1(c)(5), an officer deciding a Form I-129 extension involving the same employer, the same worker and the same underlying facts must generally defer to the earlier approval. The only exceptions are a material error, a material change, or new material information that affects eligibility. The rule was added by the December 2024 H-1B modernisation rule.

The proposal would delete that regulation entirely. If it is finalised, officers could still consider an earlier approval, but they would no longer begin from a position of deference to it. Every extension would effectively be judged from scratch.

Who Would Feel the Change First

Indian professionals would carry most of the impact. They account for nearly four in five H-1B approvals for continuing employment, according to US Citizenship and Immigration Services data. The Department of Homeland Security estimates that about 208,429 petitions a year would lose the benefit of deference.

Employers and immigration lawyers warn of longer timelines and more requests for evidence. Analyses by major law firms and advisers, including EY, have urged employers to prepare for closer scrutiny of extension filings, with more documentation needed to prove eligibility a second time.

Two Proposals, Two Deadlines

The deference proposal is one of two immigration changes moving through the system. The other, published on 11 September 2026, would end the up-to-60-day grace period that lets E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN workers stay in status after a job ends. Its comment period closed on 10 November 2026, drawing about 27,000 comments.

The wider H-1B picture is still unsettled. The $100,000 H-1B fee announced earlier this year remains blocked by court orders and is not being collected, with three appeals pending. From 9 November, USCIS accepts only the 09/09/26 edition of Form I-129.

What Happens After 13 November

Nothing changes on Friday itself. The department will review the comments and may issue a final rule, revise the proposal, or withdraw it. Only a final rule published in the Federal Register would take effect, and no date for that has been set.

Comments must be filed through Regulations.gov under docket USCIS-2026-0529. Submissions by email, mail or hand delivery will not be considered, and submitted comments, including personal information, will be made public.

Questions Readers Keep Asking About the H-1B Rule Change

Q: Is USCIS ending deference on H-1B extensions? A: Not yet. This is a proposed rule, not a final one. The current deference regulation stays in force until a final rule is published and takes effect.

Q: When do comments close? A: Friday 13 November 2026, under docket USCIS-2026-0529 on Regulations.gov.

Q: Which visas are affected? A: Every petition filed on Form I-129, including H-1B, L-1, O-1, TN, E and P workers.

Q: How many petitions would be affected? A: The Department of Homeland Security estimates about 208,429 petitions a year, with roughly 6,044 additional requests for evidence.

Q: Is the $100,000 H-1B fee in effect? A: No. It is blocked by court orders and is not being collected, with three appeals pending.