On October 13, 2026, DHS issued a Notice of Proposed Rulemaking entitled, “Removing Deference to Prior USCIS Determinations of Eligibility.” DHS and USCIS propose to remove 8 CFR 214.1(c)(5), which provides generally that USCIS will defer to a prior approval involving the same parties and underlying facts with regards to an extension of stay for a Form I-129.
In justification of its proposal, DHS stated that the Department “believes that this change would better align DHS regulations and USCIS adjudicatory practice with the agency’s longstanding interpretation of the Immigration and Nationality Act… which places the burden of proof in establishing eligibility for all immigration benefits on the petitioner.” Further, DHS stated that it believes the Rule “would promote more complete adjudications, strengthen program integrity in the adjudication of nonimmigrant worker benefits, reduce the risk of perpetuating erroneous approvals, and support the Administration’s broader efforts to better protect U.S. workers and more faithfully enforce the immigration laws enacted by Congress.”
Read the notice of proposed rulemaking here. Comments will be on or before November 13, 2026 and must be submitted via the Federal eRulemaking Portal and identify Docket No. USCIS-2026-0529.