USCIS Proposes to Stop Deferring to Past Approvals When You Extend a Work Visa
For now it’s only a proposal: the agency wants to scrap the rule that treats your previous approval as the starting point when you extend a visa. Comments are open through November 13, 2026.
Friends, important news for anyone in the US on a work visa.
The Department of Homeland Security has published a proposed rule to eliminate 8 CFR 214.1(c)(5). Right now, when you extend your visa (for example, an H-1B, L-1, O-1 or TN), the USCIS officer starts from your previous approval as long as the facts haven’t changed. Under the new proposal, that obligation would go away, and every extension would be reviewed “from scratch.”
Important: this is only a proposal for now, not the law. The current rules still apply. Anyone can leave a comment through November 13, 2026, at regulations.gov, docket number USCIS-2026-0529.
My advice: if your visa expires soon, file your extension early and keep every piece of supporting evidence: contracts, pay stubs, your job description. Take your questions to an immigration attorney.
Source: Federal Register — Removing Deference to Prior USCIS Determinations of Eligibility
Rules and deadlines may change — always check the official source.
Kristina Samofal
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