DHS Proposes Removal of Deference Rule for Work Visa Extensions

On October 14, 2026, the U.S. Department of Homeland Security (DHS) introduced a proposed rule that would eliminate the policy of deference to prior approvals when USCIS reviews work visa extension applications. Historically, USCIS officers have often deferred to previous approvals for the same position and beneficiary, provided there was no material change in the underlying facts. This proposed change would require officers to conduct a de novo, or fresh, review of every extension petition, regardless of whether the applicant has been previously approved for the same role.

The proposal is currently in the public comment phase, which is scheduled to conclude on November 13, 2026. If finalized, this shift represents a significant change in administrative procedure, potentially increasing the evidentiary burden on employers and employees alike. The move is framed as an effort to ensure that all petitions meet current statutory and regulatory requirements at the time of adjudication, rather than relying on past determinations that may have been made under different policy guidance.

Foreign nationals currently working in the United States on non-immigrant work visas who are seeking extensions of their status are directly affected. Additionally, U.S. employers sponsoring these workers will face increased administrative requirements to provide comprehensive documentation for every extension filing.

Makutet analysis suggests that this proposal signals a broader trend toward stricter, more granular oversight of the U.S. employment-based immigration system. We anticipate that if this rule is implemented, it will likely lead to an increase in Requests for Evidence (RFEs) and potentially higher denial rates for extensions that were previously considered routine, necessitating a more proactive approach to petition preparation.