The Department of Homeland Security’s proposal to revoke the long-standing policy of deferring to prior USCIS approvals when adjudicating unchanged H-1B extension petitions has captured headlines as the 13 November comment deadline approaches. Published on 14 October, the draft rule would delete 8 CFR 214.1(c)(5), requiring each extension to be adjudicated “from scratch.” Supporters, including immigration-restriction advocacy groups, argue that automatic deference handicaps officers from correcting earlier mistakes and allows fraud to persist. Employers counter that the change will trigger more Requests for Evidence (RFEs), longer processing times and higher legal costs—particularly painful because most extensions are filed under premium processing at $2,805 per petition. For mobility teams, the rule adds a new layer of risk to workforce continuity. Employees who have held the same job, for the same employer, at the same salary for three years may suddenly need to document every eligibility element again. Any change in interpretation—such as whether a role qualifies as a “specialty occupation”—could lead to denial and require emergency redeployment. If finalized, the policy is projected to generate 256,000 additional RFEs annually and cost employers an estimated $442 million in preparation time and attorney fees, according to DHS’s own regulatory impact analysis. Employers are urged to submit substantive comments before the midnight Eastern deadline and to begin assembling robust evidence packages for 2027 filings, including academic evaluations and detailed project descriptions. Congressional Democrats have signalled they may introduce legislation to codify deference if DHS proceeds. In the interim, companies should plan for thicker filings, longer lead times and possible travel holds for employees awaiting renewal decisions.
Source: Times of India
