H-1B extension rule would hit Indians hardest; comments close November 13

A US proposal that would make H-1B visa extensions harder to win would fall most heavily on Indian tech professionals, according to US Citizenship and Immigration Services (USCIS) data reported on November 2, 2026, as the window for public comments nears its close. The Department of Homeland Security (DHS) published the proposed rule, titled "Removing Deference to Prior USCIS Determinations of Eligibility", in the Federal Register on October 14, 2026. Comments close on November 13. Indians account for nearly four in five H-1B approvals for continuing employment, the category the rule targets.

Most Indian H-1B holders do not face the visa lottery again after their first approval, but they do face extensions every few years, and amendments when their job changes. Under the current policy, if nothing important has changed, an officer generally relies on the earlier approval. That has made extensions more predictable for workers and their employers. Removing the deference means each extension could be examined afresh, as if it were a new case.

The practical effect would be more Requests for Evidence, or RFEs. An RFE is a formal letter from USCIS asking the employer to send more documents, for example to prove that the job is a "specialty occupation" that needs a degree, or that the worker still qualifies. Answering one takes time and legal fees, and it delays the decision. During that time, workers may hesitate to travel, and families may struggle with plans that depend on the visa, such as school admissions or home loans. A denial at the extension stage can force a worker to leave the US.

DHS says the current approach shifts too much of the burden onto its officers and points to higher rates of non-compliance and fraud found during site visits. Employers and immigration lawyers argue that it will add cost and uncertainty for workers whose cases have not changed. Because Indians hold the large majority of continuing-employment approvals, they would carry most of that extra scrutiny.

The proposal comes in a year of repeated changes to the H-1B programme, including a $100,000 payment requirement on certain petitions, whose implementing guidance a federal court has since set aside. For Indian students and early-career engineers planning a US career, the message is to budget for more paperwork and longer timelines, not only at the first visa but at every renewal.

What should a reader do next? Anyone on an H-1B whose extension is due in 2027 should talk to their employer's immigration team early, keep pay slips, job descriptions and degree records in order, and watch for the final rule. Anyone who wants to have a say can file a public comment on the Federal Register docket before November 13.

Short-term: Nothing changes for pending or upcoming extensions until DHS issues a final rule. Employers may begin preparing fuller filings now in case it takes effect.

Long-term: If adopted, extensions would become slower, costlier and less predictable, which could make US roles less attractive to some Indian professionals and push some companies to place more work in India.

Who is affected: Indian H-1B holders and their families in the US; Indian IT services companies and US technology firms that sponsor them; L-1 and O-1 visa holders; and students planning to work in the US.

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