DHS Ends Visa Deference Rule, Raising H-1B Extension Denial Risk

NewsData.io · United States · Oct 15, 2026

The Department of Homeland Security has eliminated the longstanding 'deference' policy that allowed USCIS examiners to automatically approve visa extension petitions based on prior approvals, requiring employers to submit fresh justifications for retaining foreign workers on H-1B, L-1, and other nonimmigrant visas. USCIS data shows H-1B non-compliance and fraud rates were 22.4% under the deference era versus 16.8% when deference was suspended, providing the agency's rationale for the change. Employers can expect significantly more Requests for Evidence, higher denial rates, and disrupted workforce planning for sponsored foreign nationals. Staffing firms and IT outsourcing companies that rely heavily on visa extensions to maintain contract workforces face elevated compliance exposure and should prepare clients for longer adjudication timelines and increased documentation requirements.