Removing Deference to Prior USCIS Determinations of Eligibility

Open for public comment until Nov. 13, 2026. Comment on Regulations.gov

What it does

The U.S. Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), proposes to remove 8 CFR 214.1(c)(5), which generally provides that USCIS gives deference to a prior approval involving the same facts when adjudicating a request to extend a petition for an alien's employment or stay. This change would better align DHS regulations with the statute, which places the burden of proving eligibility for all immigration benefits on the petitioner, applicant, or beneficiary; strengthen adjudicatory review; and support agency priorities to improve the integrity of the immigration system and better protect the interests of U.S. workers.

The Homeland Security Department's summary, as published in the Federal Register.

What it would change

1 part of Title 8 of the Code of Federal Regulations:

8 CFR 214

Before this

No earlier Federal Register document under regulation identifier 1615-AD26 since Jan. 1, 2025.

What happens next and when

Written comments on the notice of proposed rulemaking (NPRM) must be submitted on or before November 13, 2026. The electronic Federal Docket Management System will accept comments before midnight Eastern time at the end of that day.

The agency's dates, word for word.

Check it yourself

• The document in the Federal Register
• Docket USCIS-2026-0529 on Regulations.gov
• Title 8 on eCFR

The record as published

Source: the Federal Register (public domain). The document in the Federal Register