Removing Deference to Prior USCIS Determinations of Eligibility
Public comments are open until Nov 13, 2026.
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
Summary from the Federal Register.
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Full history
- Oct 14, 2026
Rule published
Removing Deference to Prior USCIS Determinations of Eligibility
Homeland Security Department
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