The United States Department of Homeland Security (DHS) is set to release a proposed regulation this Wednesday in the Federal Register that would abolish the USCIS "deference rule." This rule currently mandates that immigration officers recognize the previous approval of a work visa as valid when reviewing an extension.
Should this proposal become finalized, every visa renewal — encompassing categories such as H-1B, L-1, O-1, TN, E, and others under Form I-129 — will be assessed from the ground up, treating each as an entirely new application.
Identified as docket USCIS-2026-0529 and endorsed by DHS Secretary Markwayne Mullin, the proposal has not yet been enacted.
The deference rule remains in effect until a final regulation is published. The public has until approximately November 13, 2026, to provide comments on regulations.gov under the specified docket number.
For Cuban professionals working in the U.S. on employer-sponsored visas — such as doctors with H-1B in Florida hospitals, engineers and technologists, artists and athletes with O-1, or executives with L-1 — this proposal introduces further uncertainty in an already challenging environment.
According to USCIS data cited in the document, an annual average of 208,429 petitions between fiscal years 2022 and 2025 benefited from the deference rule, representing 30% of the total I-129 applications submitted.
This change could significantly impact thousands of Cubans holding work visas in the United States. Stay informed on visa updates, USCIS, and immigration policy in our U.S. Immigration section.
The most immediate impact won't be financial but temporal. DHS anticipates that eliminating the deference rule would result in approximately 6,044 requests for additional evidence (RFE) annually.
The issue arises because petitions receiving an RFE take, on average, 76 days to resolve, compared to the 12 days for those without an RFE — a difference of 64 calendar days that could leave a worker uncertain about their employment and immigration status.
DHS justifies this proposal using data from worksite visits: during the deference period for H-1B extensions (fiscal years 2022-2025), the combined fraud and non-compliance rate was 22.39%, compared to 16.77% in the non-deference period (fiscal years 2018-2020).
For L-1A extensions, the figures were 24.46% versus 18.37%, according to DHS's own data.
This isn't the first time the deference rule has been eliminated. The policy was established in 2004, rescinded by the first Trump administration in 2017, reinstated by the Biden administration in 2021, and incorporated into federal regulations in December 2024.
Now, the second Trump administration proposes its removal once again, acknowledging within the document that the arguments used in 2024 to codify it "were overestimated and not adequately weighed against the negative effects of deference."
The proposal is part of a series of tightened immigration measures that have affected Cubans in 2026: additional fees of $4,000 for H-1B extensions and $4,500 for L-1 extensions that took effect on September 9, and a parallel proposal to eliminate the 60-day grace period following job loss for holders of H-1B, L-1, O-1, TN, and E visas.
The context is particularly sensitive for Cuban doctors who experienced an immigration limbo in 2026: over 300 healthcare professionals were unable to practice despite passing their revalidation exams, a situation worsened by USCIS's pause on processing for nationals of 39 countries — including Cuba — effective since December 2025 and lifted in July 2026.
Before the rule becomes final, experts advise preparing each extension as if it were an initial application. Jeff Joseph, President of Immigration Strategy at Manifest Law and former President of the American Immigration Lawyers Association, puts it succinctly: "Each petition should be filed as if it's a first-time application, and no eligibility should be assumed based on prior approval in the same category for the same position."
The work visa guide can serve as a useful starting point for those needing guidance through this process.
FAQs on USCIS Work Visa Changes
What is the "deference rule" that USCIS plans to eliminate?
The "deference rule" requires immigration officers to validate prior approvals of work visas during renewal applications. The proposed change would mean each renewal is considered as a new application.
How will this change affect Cuban professionals in the U.S.?
Cuban professionals on work visas may face additional uncertainty and delays, as each renewal will require a new application process, potentially impacting their employment and immigration status.
What are the expected consequences of removing the deference rule?
Eliminating the deference rule could lead to more requests for additional evidence, extending the application process and creating periods of uncertainty for visa holders.