DHS Seeks Public Input on Visa Extension Review Changes by November 13, 2026

The Department of Homeland Security (DHS) has set a deadline for public comments on a significant proposal that could change how certain visa extensions are reviewed. This proposal, which affects H-1B, L-1, and O-1 visa holders, focuses on how the U.S. Citizenship and Immigration Services (USCIS) handles extension requests. The comment period closes on November 13, 2026, but it’s important to understand that this deadline does not mean a new rule is taking effect immediately.

This development is separate from another issue: a proposed $100,000 fee that remains blocked by court orders. While both are related to immigration processes, they follow different legal paths. The proposal concerning extension reviews aims to alter the practice of automatically approving extensions based on prior approvals, potentially leading to a more thorough review of previously accepted cases.

Understanding the Extension Review Proposal

The core of the DHS proposal is to end the practice of “deference” to prior approvals for certain visa extensions. Currently, USCIS often relies on previous approvals when deciding on extension requests. This means that if a visa was approved before, the extension is usually granted without a deep dive into the original eligibility criteria again.

However, the proposed change, outlined in 8 CFR 214.1(c)(5), suggests that USCIS might re-examine issues that were previously accepted. This could mean that factors that led to the initial approval might be scrutinized again during the extension process. This change would apply to extension requests for workers holding H-1B, L-1, and O-1 visas. Employers and workers in these categories have the opportunity to submit their feedback on this proposed policy shift.

Until a final rule is officially published and takes effect, the existing regulations will continue to apply. The DHS has not yet finalized this proposal, and the legal challenges surrounding the separate fee issue are also ongoing.

The Blocked $100,000 Fee

In parallel to the extension review proposal, there is a separate issue involving a substantial fee. This fee was initially introduced under Proclamation 10973 in September 2025 for certain new petitions, primarily for workers outside the United States. It did not initially apply to changes of status, extensions, or changes of employer. A subsequent proclamation, 11069, extended this fee requirement through September 21, 2027.

However, this fee has faced significant legal challenges. A federal judge in Massachusetts vacated the requirement on June 8, 2026. While the government briefly obtained a temporary stay, the First Circuit dissolved it on July 24, 2026, effectively blocking the collection of the fee once again.

Adding to this, the U.S. District Court for the Northern District of California issued another order on September 30, 2026, in the case Global Nurse Force v. Trump. This order prevents the enforcement of the fee until the relevant agencies complete the required notice-and-comment rulemaking process and necessary regulatory flexibility analyses. This order also covers the extension of the fee that was announced in September 2026. USCIS has stated its compliance with these court orders and has indicated a potential intention to collect the fee retroactively if the court decisions are overturned. The appeals for these cases are still pending.

USCIS Approving Petitions Without the Fee

Despite the ongoing legal battles, USCIS has started approving petitions that would have been subject to the $100,000 fee, even when employers did not submit the payment. However, these approvals have not been uniform. Some cases processed through premium processing have exceeded the standard 15-business-day decision period without a resolution.

For employers with pending cases, it is advisable to check the status of their petitions to see if they are still awaiting action, as USCIS has not resolved every delayed filing. This situation can create uncertainty, especially for workers abroad who cannot utilize H-1B portability or begin working until their petition is approved. This dependency on case decisions can significantly impact overseas hiring plans.

How to Submit Comments

Employers and workers who are filing extensions for H-1B, L-1, and O-1 visas can submit their comments regarding the proposed extension review policy through Regulations.gov. The specific docket number for this proposal is USCIS-2026-0529. The deadline to submit these comments is November 13, 2026. This is the final opportunity for public feedback on the proposed changes to how extension requests will be reviewed.

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