PERU · US IMMIGRATION
Key Facts
- The country Peru is a Pacific-coast nation of about 34 million people, with 34,157,732 counted in its 2025 national census.
- What happened The US Department of Homeland Security proposed on Wednesday 14 October 2026 to end the rule that makes officers respect earlier visa approvals.
- The rule The proposal would delete 8 CFR 214.1(c)(5), the regulation that tells USCIS to defer to an earlier approval on the same facts.
- Who is covered Employer-filed extensions on Form I-129 for categories such as H-1B, L-1, O-1, H-2A, H-2B and P-1 would be reviewed from scratch.
- The numbers DHS counts 208,429 petitions a year that now benefit from deference, about 30% of 688,830 filed, and expects about 6,044 more evidence requests annually.
- The deadline Public comments are due by Friday 13 November 2026, and the proposal is not yet in force.
- Power Index Peru ranks 5th of 14 in The Rio Times Latin America Power Index, with 54.7 points (October 2026 edition).
US work visa renewals could soon get a harder look, and Peruvians on temporary work visas in the United States are being told to prepare. On Wednesday 14 October 2026, the US immigration agency USCIS proposed scrapping the rule that makes officers respect an earlier approval.
Peru’s La República newspaper warned readers on Thursday 22 October 2026 that renewals approved once could be examined again at extension time. The proposal is still a draft, and nothing changes for US work visa renewals until the Department of Homeland Security (DHS) publishes a final rule.
What USCIS Proposed for US Work Visa Renewals
The notice appeared in the Federal Register, the US government’s daily journal of new rules. It would delete one regulation, 8 CFR 214.1(c)(5), which now tells officers to defer to an earlier approval involving the same facts.
At present an officer can still refuse a renewal after a material error, a change in circumstances or new adverse information. Under the proposal, the officer would start from a blank page, and the earlier approval would be one piece of evidence.
Which Visas Would Be Affected
US work visa renewals filed by employers on Form I-129 would all fall under the change. The notice lists H-1B for specialty jobs, H-2A and H-2B for seasonal work, L-1 for transferred managers, O-1 for top talent and P-1 for athletes.
The notice does not break the numbers down by nationality, so it does not say how many Peruvians hold these visas. Family members on dependent visas file on a separate form, Form I-539, which the notice treats separately.
Why DHS Wants to End Deference
DHS says the law puts the burden of proof on employer and worker every time, and deference shifts it to the government. Its site visits found non-compliance or fraud at 22.39% of H-1B sites in fiscal years 2022 to 2025, against 16.77% in 2018 to 2020.
The agency admits that other factors may explain the gap and calls deference only one contributing factor. It also says officers would still be free to consider a prior approval when it is relevant.
The Rule Has Flipped Before
Deference is a USCIS policy rather than a statute, and it has swung with each administration. A 2004 memo created it, USCIS rescinded it in October 2017, restored it in April 2021, and wrote it into regulation in December 2024.
The new notice would remove both the regulation and the policy, so no officer would be required to start from the earlier approval. DHS says officers could still weigh a prior approval where it is relevant.
What It Means for US Readers
American employers that sponsor Peruvian engineers, chefs and farm workers could see more requests for evidence, the letters in which USCIS asks for extra papers. DHS expects about 6,044 additional requests a year, adding a delay of 64 days on average to the cases that receive one.
DHS puts the cost to employers at US$133,987 a year, or about US$22.17 per extra request, across 22,748 affected employers. DHS also counts 9,453 small entities among 16,447 H-1B extension filers, so many of the affected employers are small firms.
What Peruvian Visa Holders Can Do Now
Workers can keep complete records of pay, job duties and employer filings, since a full review would rest on the evidence alone. Filing early leaves more room, because an evidence request would add about 64 days to the wait.
Anyone can comment through the federal site regulations.gov by midnight Eastern time on Friday 13 November 2026, under docket number USCIS-2026-0529. DHS will not accept comments sent by email, post or hand delivery.
What Is Not Known
DHS has not said when a final rule on US work visa renewals could take effect, and the notice gives no start date. It is also unclear how many Peruvians would be affected, since the notice gives no figures by country.
The proposal would apply to how officers handle future extension requests, and the notice contains no step to reopen approvals already granted. Legal challenges are possible once a final rule appears, as the suspension of the US$100,000 H-1B visa fee showed.
More: Peru news in English, every day from The Rio Times.
Frequently Asked Questions
Can USCIS re-open a work visa that was already approved?
The proposal concerns how officers decide future extension requests, and it contains no step to reopen approvals already granted. US work visa renewals would be judged on their own evidence, so an earlier approval would no longer carry weight by itself.
When would the new rule on US work visa renewals start?
No start date has been set, because the notice is still a proposal. DHS must read the public comments, which close on 13 November 2026, before it can publish a final rule.
Which Peruvian workers could be affected?
Peruvians holding statuses such as H-1B, L-1, O-1, H-2A, H-2B or P-1 would face the change when their employer files an extension. The notice does not say how many Peruvians hold these visas.
Does the proposal change who qualifies for a visa?
DHS says removing deference does not change the eligibility rules for the requested benefit. It only changes how closely officers must look at US work visa renewals when an earlier approval exists.
How can someone comment on the proposal?
Comments go through regulations.gov under docket USCIS-2026-0529 and must arrive before midnight Eastern time on 13 November 2026. Emailed, mailed or hand-delivered comments are not considered.
Sources: Federal Register, Removing Deference to Prior USCIS Determinations of Eligibility (91 FR 65119), 14 October 2026; Federal Register, notice text (PDF), 14 October 2026; La República, Alerta máxima inmigrantes con visa de trabajo en EE.UU., 22 October 2026; Andina, INEI: Peru’s population reaches 34,157,732 (2025 census), 2025.
This article was produced by The Rio Times’ automated newsroom system. How we use AI · Report an error · Editorial responsibility: Matthias Camenzind, Editor-in-Chief