On Oct. 14, 2026, DHS published a notice of proposed rulemaking, “Removing Deference to Prior USCIS Determinations of Eligibility,” 91 FR 65119 (RIN 1615-AD26; docket USCIS-2026-0529). It is a proposal, and nothing in it is in effect. Comments are due Nov. 13, 2026.
As proposed, it would remove 8 CFR 214.1(c)(5), the provision that generally directs USCIS, when deciding a Form I-129 petition involving the same parties and the same underlying facts (most often an extension), to defer to its prior eligibility determination unless there was a material error, a material change, or new adverse information.
A proposed rule can be finalized, changed, or withdrawn, and any final rule would be published separately with its own effective date. If an extension of a petition or status you hold is coming up, ask us how this proposal could matter for your situation.