DHS Proposes Ending Deference to Previous Visa Approvals

The Department of Homeland Security has proposed ending a policy that generally directs USCIS officers to defer to previous approvals when reviewing certain employment based visa extensions involving the same parties and underlying facts. If finalized, the change could affect H-1B, L-1, O-1, and other petitions. Applicants may face more requests for evidence, longer processing times, and higher preparation costs. The proposal is not yet effective, and public comments remain open through November 13, 2026.