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DHS Proposes Ending Deference for Work Visa Extensions: What H-1B Professionals Need to Know
FOR IMMEDIATE RELEASE GCEB1 | October 15, 2026 The US Department of Homeland Security (DHS) has proposed ending a policy that generally directs immigration officers to give weight to previous approvals when reviewing certain work visa petitions. The proposed change could affect H-1B professionals, including Indian workers who rely on employment-based visa extensions to continue their careers in the United States. Under the existing deference policy, US Citizenship and Immigration Services (USCIS) generally relies on an earlier eligibility determination when a petition involves the same parties and underlying facts, unless there is a material error, a significant change in circumstances, or new adverse information. The proposed rule would remove this requirement, allowing officers to reassess each eligible Form I-129 petition on its own merits. DHS says the change would strengthen oversight, improve program integrity, and ensure employers demonstrate that workers continue to meet the applicable eligibility requirements. If finalized, the proposal could mean more requests for evidence, longer processing times, and greater uncertainty for employers and foreign professionals seeking extensions. The change would also apply to other nonimmigrant worker classifications covered by Form I-129, including L-1 petitions. For Indian professionals, the potential implications are particularly important because many depend on continued H-1B status while pursuing long-term employment opportunities or waiting for employment-based green card processing. However, the proposal does not automatically cancel existing approvals or mean that every extension will face denial. The proposal remains open for public comment through November 13, 2026. DHS will consider feedback before deciding whether to issue a final rule. Until then, applicants and employers should distinguish the proposed changes from the rules currently in effect. Workers approaching an extension deadline should coordinate with their employers and immigration counsel to prepare complete documentation and assess their individual circumstances. Read the full GCEB1 report: DHS Moves to End “Deference” on Work Visa Extensions: How Could It Affect H-1B Indians? GCEB1 will continue tracking US immigration policy developments and their implications for international professionals. About GCEB1: GCEB1 provides information and mentorship on US immigration pathways, including employment-based visas and permanent residency options.What Is Changing?
How Could H-1B Workers Be Affected?
What Happens Next?
