US proposes ending reliance on prior approvals for work-status extensions

The US Department of Homeland Security has proposed removing a rule that gives weight to previous immigration approvals when reviewing extensions involving the same parties and facts.

The proposal, made available for public inspection on October 13 and published in the Federal Register on October 14, affects employment or stay extension petitions handled by US Citizenship and Immigration Services. It includes H-1B workers and other temporary work categories.

DHS argues that relying on earlier favourable decisions may preserve mistakes rather than ensure a full review of eligibility. The proposed change would allow extensions to be reassessed without starting from the previous approval.

A similar approach applied during Donald Trump’s first term. The Biden administration restored the prior-approval policy in 2021.

The document is a proposed rule, not a change already in force. Public comments are due by November 13, 2026. The proposal does not itself cancel previously issued approvals or announce automatic refusals of extension requests.