H1B New Rule Explained: Why Extensions Could Get More RFEs

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WHAT THIS VIDEO COVERS
A new DHS proposed rule would end USCIS deference to prior approvals.
It was published in the Federal Register on October 14, 2026.
Checked October 21, 2026.

What deference means for H-1B and other extensions today
What the proposed rule would change, and that it is not final yet
Which Form I-129 classifications are in scope
Why DHS itself expects more requests for evidence (RFEs)
The estimated volumes and response costs in the rule
How to prepare an extension as if it were a first filing
How to comment before November 13, 2026

CHAPTERS
0:00 Your last approval may stop counting
0:12 The proposed rule
0:28 Comment deadline
0:35 Deference today
0:51 What the rule would codify
0:58 Who is covered
1:15 The paperwork burden
1:21 Why more RFEs are expected
1:34 Estimated costs
1:42 Track your case in Visa Current
1:54 Build a fresh evidence file
2:01 Form Preparation
2:10 Bulletin trends
2:20 How to comment
2:29 Sources and disclaimer

KEY POINTS
1. This is a proposed rule, not a final rule.
Current USCIS policy still applies until a final rule takes effect.
2. Today, officers generally defer to a prior approval when the parties and facts are the same.
3. Under the proposal, every extension would be decided on its own record.
4. DHS expects more requests for evidence as a result.

HOW TO COMMENT
Comments are due by November 13, 2026.
Submit them on regulations.gov under docket USCIS-2026-0529.

OFFICIAL SOURCES REFERENCED

Federal Register, Removing Deference to Prior USCIS Determinations of Eligibility (Proposed rule, FR Doc. 2026-20941):
https://www.federalregister.gov/docum...

Regulations.gov, Docket USCIS-2026-0529:
https://www.regulations.gov/docket/US...

USCIS Policy Manual, Volume 2, Part A, Chapter 4:
https://www.uscis.gov/policy-manual/v...

USCIS, I-129, Petition for a Nonimmigrant Worker:
https://www.uscis.gov/i-129

DISCLAIMER
This video is general information, not legal advice.
It does not guarantee any outcome in your case.
For advice about your situation, talk to a licensed immigration attorney or accredited representative.

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