Compiled from reports by Bloomberg Law, The Hans India and Nagaland Post. See the original articles linked below.
This article reports news and is not legal advice.
The US Department of Homeland Security (DHS) has proposed a rule that would end the practice of deferring to earlier approvals when immigration officers review extension petitions for temporary workers, according to Bloomberg Law, The Hans India and the Nagaland Post, which carried a report from the news agency IANS.
The proposal
Bloomberg Law reported on October 13, 2026, that DHS released the proposal that day. It said the change would end the prior-deference policy for H-1B workers and others in temporary status, and would bring added scrutiny to extension requests even when the circumstances of a worker's employment have not changed. Bloomberg Law described the move as a revival of an approach from President Donald Trump's first term. It also reported that the Biden administration restored deference through 2021 guidance and wrote it into regulations in its 2024 overhaul of the H-1B program.
The Hans India reported that the proposed rule was published in the Federal Register on October 14 and is open for public comment for 30 days. According to that outlet, the rule would remove the current requirement that US Citizenship and Immigration Services (USCIS) officers defer to prior eligibility determinations. It said the categories affected would include H-1B, L-1, O-1, TN, E, H-2, P, Q and R extensions filed on Form I-129, and that the rule is not yet final.
DHS reasoning and figures
The Nagaland Post, citing IANS, reported that DHS argues the burden of proof belongs to the petitioner and that deference shifts it onto USCIS officers. The report said DHS pointed to site-visit results showing higher non-compliance or fraud rates while deference was in place: 22.39 percent for H-1B extensions in fiscal years 2022 to 2025, against 16.77 percent in fiscal years 2018 to 2020. For L-1A extensions, the figures were 24.46 percent and 18.37 percent.
The Nagaland Post said DHS estimates that about 208,429 petitions a year are covered by the current policy, roughly 30 percent of the 688,830 filed annually.
Work permit renewals
The Nagaland Post also reported that DHS made permanent an interim rule from October 2025 that ended automatic extensions of employment authorization documents for people who file renewals on time in certain categories. According to the report, a pending renewal previously kept a permit valid for up to 540 days. The rule took effect on publication.
The report said commenters, including those representing H-4 spouses, warned of gaps in work, lost health insurance and possible eviction. It said DHS acknowledged that temporary lapses are likely and estimated that 20,000 to 33,000 permits could lapse in an 18-month period starting in May 2027. DHS put the cost at $138.1 million in lost employer productivity and $312.1 million from potential labor turnover, affecting roughly 1,700 to 2,800 employers.
The Nagaland Post added that Indians make up most H-1B holders and H-4 spouses with work permits and are expected to be among those most affected.
Sources
- Deference to Prior H-1B Worker Approvals Nixed in DHS Proposal (Bloomberg Law, 2026-10-13)
- Trump moves to end H1B visa deference policy (The Hans India, 2026-10-30)
- US moves to end H-1B extension 'deference' (Nagaland Post, 2026-10-14)
This article was compiled with AI assistance from the reports listed above and reviewed by GMA before publishing.