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Data / Federal rules / 2026-20941

Removing Deference to Prior USCIS Determinations of Eligibility

The Homeland Security Department published this proposed rule in the Federal Register on October 14, 2026. Comments are due by November 13, 2026.

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What the agency 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.

Key facts

Document number
2026-20941
Type
Proposed rule
Action
Notice of proposed rulemaking
Agency
Homeland Security Department
Published
October 14, 2026
Comments due
November 13, 2026
Dates
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.
Docket
CIS No. 2870-26; DHS Docket No. USCIS-2026-0529
Regulation ID (RIN)
1615-AD26
Code of Federal Regulations
8 CFR 214
Topics
Administrative practice and procedure; Aliens; Cultural exchange programs; Employment; Foreign officials; Health professions; Reporting and recordkeeping requirements; Students
Pages
15

The document on federalregister.gov PDF Comment on regulations.gov

Other documents from the Homeland Security Department

Everything from the Homeland Security Department · Rules on administrative practice and procedure · Rules on aliens · Rules on cultural exchange programs · Published in October 2026

Read from the Federal Register API, last updated 2026-10-23. The document on federalregister.gov is the official record; dates and dockets can change through later corrections. Free to reuse with credit to SpecStream under CC BY 4.0.