Proposed: USCIS may stop deferring to prior approvals on H-1B extensions
Status: Proposed — not in effect
DHS has proposed removing the rule that tells USCIS officers to defer to a prior approval when an employer files an I-129 extension for the same worker on the same facts. If finalized, every H-1B, L-1 and other I-129 extension would be reviewed fresh on current evidence — likely meaning more Requests for Evidence. This is a proposal only: nothing changes unless a final rule is issued. Public comments are open until November 13, 2026.
Who it affects: Workers extending H-1B and other I-129 status — Indian H-1B holders in the green-card backlog renew most often
Effective: Proposal published October 14, 2026 — comments close November 13, 2026