Federal officials will close public comments at 10:59 p.m. Central time this Friday on a Department of Homeland Security (DHS) proposal that would end the long‑standing practice of deferring to earlier eligibility decisions for H-1B and other foreign‑worker visa extensions. The change is intended to give immigration officers more flexibility to request additional evidence when they suspect errors or new adverse information.
Why the rule matters for American workers
DHS argues that the amendment will strengthen oversight and protect U.S. workers by preventing employers from carrying forward false information from an initial approval into subsequent petitions. Under the current system, U.S. Citizenship and Immigration Services (USCIS) generally relies on prior decisions unless material errors, changes, or new adverse data are identified. The proposed rule would allow officers to more readily request evidence, potentially generating about 6,044 extra requests for evidence each year across affected petition categories.
North Texas investigations raise alarm
In parallel with the rulemaking, the Labor Department’s Office of the Inspector General, led by Anthony D’Esposito, disclosed that investigators visited Dallas‑area locations tied to companies with hundreds of approved H-1B petitions. At one multistory building linked to more than 500 approvals, agents found locked doors, dark offices, and little evidence of active business operations.
Texas Attorney General Ken Paxton (R) announced on April 30 that his office has issued civil investigative demands to nearly 30 North Texas businesses suspected of H-1B visa fraud. The demands seek employee records, financial statements, and other information about business operations. While the investigations do not prove fraud at every company, they underscore concerns that some employers may be using questionable visa petitions to obtain foreign labor at the expense of qualified U.S. workers.
What the data show
USCIS identified fraud or non‑compliance at 22.39 % of H-1B sites it visited in extension cases during fiscal years 2022‑2025, according to a Dallas Express analysis. This figure reflects both administrative and targeted visits and does not represent the entire H-1B population.
The agency’s own analysis of a 2017 removal of deference found a 2.9‑percentage‑point relative increase in evidence requests, but no corresponding rise in denial rates. The new proposal is projected to produce a similar increase in requests for evidence, giving officials more tools to weed out improper petitions.
How to comment
Members of the public may submit comments electronically through Regulations.gov (docket USCIS‑2026‑0529) or via the Federal Register notice link provided. Comments must be filed by 11:59 p.m. Eastern time (10:59 p.m. Central) on Friday, November 13. Submissions can be typed directly or include up to 20 supporting files, each no larger than 10 MB.
The proposal does not cancel existing visas or immediately alter current regulations. DHS must consider all public feedback before issuing a final rule.
Looking ahead for North Texas
With state and federal investigators already examining businesses linked to hundreds of H-1B approvals, the next test will be whether the federal government can identify questionable petitions, hold employers accountable, and preserve the integrity of a visa program Congress created to meet specialized workforce needs.
For North Texas employers and workers alike, the outcome of this rulemaking and the ongoing investigations could shape the balance between attracting global talent and protecting American jobs.
Original reporting: WBAP News/Talk (Dallas-Fort Worth) — read the source article.
