USCIS Proposes Removing Deference for Visa Renewals
The proposed rule change aims to address non-compliance by requiring officers to re-evaluate visa extension requests.
Updated on Oct. 22, 2026 in Immigration
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USCIS has proposed removing the regulation requiring deference to previous work visa approvals, shifting the burden of proof back to employers and workers. The change aims to curb fraud following a 22.39% non-compliance rate at H-1B sites between 2022 and 2025.
Why it matters
DHS cited rising non-compliance and fraud as primary drivers for the policy shift, which requires officers to assess extension applications from a blank page. The move reverses a 2024 codification, ending the practice of automatically deferring to past visa findings.
DHS expects the policy to trigger 6,044 additional requests for evidence annually, with each case facing an average delay of 64 days. The total annual cost for the estimated 22,748 affected employers is projected at US$133,987.
The players
USCIS
The United States Citizenship and Immigration Services is the federal agency responsible for overseeing lawful immigration to the United States.
DHS
The Department of Homeland Security is the cabinet-level department tasked with public safety and enforcing immigration regulations.
The details
The proposal targets Form I-129 filings for various visa categories including H-1B, H-2A, H-2B, L-1, O-1, and P-1. While officers may still consider prior approvals as evidence, they are no longer required to treat them as a binding determination.
Timeline
The original USCIS policy of deference was first created in 2004.
USCIS rescinded the deference policy in October 2017.
The deference policy was restored by USCIS in April 2021.
The deference policy was officially written into regulation in December 2024.
The deadline for public comments on the proposal is November 13, 2026.
Political Context
This proposal aims to delete regulation 8 CFR 214.1(c)(5) to fundamentally change how immigration officers evaluate subsequent visa extension filings. Opponents of the change emphasize that removing established deference creates unnecessary administrative burdens for compliant employers and visa holders.
Employers and workers should prepare for longer processing times, as cases flagged for evidence will face an average delay of 64 days. Companies currently utilizing H-1B and other affected visa programs should review their internal compliance documentation ahead of future filings.
The takeaway
This policy change shifts the administrative burden of proof from government officials to those seeking visa renewals. Stakeholders should anticipate a more rigorous documentation process when extending H-1B, L-1, or other work-authorized visas moving forward.
What happens next
The public comment period regarding the proposed regulation is scheduled to close on November 13, 2026.
Further reading
For more information on current visa guidelines, visit the Immigration section.
More information
Submit your public feedback on the proposal through the federal site for submitting comments.
Source note: This article includes information reported by The Rio Times.
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