News
Extending an H-1B or other work visa? USCIS wants a fresh look every time
A proposed rule would let USCIS stop relying on its earlier approval when you extend an H-1B, L-1, O-1 or other worker visa, even if nothing has changed. It is not in effect yet, and you can comment until November 13. Here's what it would mean and what to do now.
October 20, 2026
Right now, when your employer files to extend your H-1B, L-1, O-1 or other work visa on Form I-129, USCIS generally relies on its earlier approval. If it is the same employer, the same job and the same facts, the officer does not re-decide everything from scratch.
On October 14, 2026, the Department of Homeland Security published a proposed rule to remove that rule. Nothing has changed yet. Today's rules still apply until a final rule is published and takes effect.
What would change
- USCIS officers would no longer have to rely on an earlier approval when deciding an extension, even when nothing about the job has changed.
- Your employer may need to prove everything again with each extension, as if it were the first petition.
- You could see more Requests for Evidence (RFEs) and longer waits. DHS itself expects about 6,000 more a year.
- An earlier approval could still count as evidence, but the officer would not have to treat it as correct.
Who it affects
Anyone whose employer files an extension on Form I-129, including H-1B, L-1, O-1, TN and E workers.
A bit of history
This "deference" rule has come and gone before. USCIS dropped it in 2017, brought it back in 2021, and wrote it into the regulations in the H-1B modernization rule that took effect in January 2025. The new proposal would remove it again.
What you can do now
- Talk to your employer early. Ask them to start your extension well before your status ends, so there is time to answer an RFE.
- Keep your documents together: pay stubs, job description, degree and earlier approval notices (Form I-797).
- Have your say. Anyone can comment on the proposal at regulations.gov, docket USCIS-2026-0529, until November 13, 2026.
- Watch your case. Add your I-129 receipt number to ImmigraMate and we will tell you the moment it moves.
Questions
Ask in the Community. Other people extending their visas are sharing how it is going.
*This is general information, not legal advice. For your own case, talk to an immigration attorney or an accredited representative.*
This is general information, not legal advice. For advice about your own case, talk to an immigration attorney.