USCIS Proposes Ending Deference to Past Approvals

TITLE: USCIS Proposes Ending Deference to Past Approvals

WHAT HAPPENED: On 2026-10-14, the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) published a proposed rule. It proposes to remove 8 CFR 214.1(c)(5), which tells USCIS to give “deference” to — or accept — its earlier approval when the facts are the same and someone asks to extend a petition for employment or stay. This is only a proposal, not a final rule.

WHO IT AFFECTS: Immigrants who already have an approved petition for employment or stay and later need to extend it. Employers or other petitioners who file that kind of extension request are also affected.

WHAT TO DO NOW:

- Know that this is a proposed change, not final.

- Read the official notice at the source link below.

- Understand that, under this proposal, the person asking for the immigration benefit must prove eligibility.

- Public comment deadline: (check the source).

- If this applies to you, consider talking to an immigration attorney and keep proof that you meet the requirements.

SOURCE: https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility

DISCLAIMER: General info from Homeland Security Department, not legal advice — check with an immigration attorney. English is authoritative.