When a worker already on an H-1B seeks an extension with the same employer for the same job, officers must currently defer to the earlier approval. DHS and USCIS proposed removing this rule in the Federal Register on October 14. It covers Form I-129 extensions for H-1B, L-1, O-1, TN, E and P visas.
The government's own estimates
- Petitions affected each year: 2,08,429
- Extra requests for evidence (RFEs): about 6,044 a year
- Median processing time: 76 days with an RFE, 12 days without
- Site-visit non-compliance or fraud: 22.39% in FY2022–25, with deference, against 16.77% in FY2018–20, without it
Indians carry most of the load
USCIS's FY2023 report shows that 72.3% of 3,86,318 approved H-1B petitions were for India-born workers. Of 2,67,370 approvals for continuing employment, 2,10,561 (78.8%) were India-born. Any change to extensions falls mostly on Indians.
DHS argues that deference shifts the burden of proof from the petitioner to the officer, and says officers may still consider earlier approvals. Comments must be filed by November 13, only through regulations.gov. The current rule stays until a final rule takes effect.
