Removing Deference to Prior USCIS Determinations of Eligibility
This is a PROPOSED rule. It is not in force, may change before finalisation, and may never be finalised.
Where it stands
Proposed
Oct 14, 2026
Final rule
None in our archive
What the document says
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.
Who the document names
The document does not name specific countries or visa categories in its scope language. Read the original to confirm whether it applies to a particular case.
A requirement the document states
“Section 214(c)(1) of the INA, 8 U.S.C. 1184(c)(1), which, inter alia, authorizes the Secretary to prescribe how an importing employer may petition for nonimmigrant workers, as well as the form of the petition and the information that an importing employer must provide in the petition;”
Whether it applies to a particular person depends on facts this record does not have.
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About this record
- Source
- Federal Register, checked Oct 30, 2026
- Review
- Classified automatically; not reviewed by a person
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