Removing Deference to Prior USCIS Determinations of Eligibility
- Agencies
- Homeland Security Department
- Type
- Proposed Rule
- Published
- Document number
- 2026-20941
Read the full document on FederalRegister.gov PDF
Summary
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.
How it was scored
Scored by jev-1.13.0 on October 14, 2026. A reading describes what the action does, not who issued it, and is based on the summary. Scores are automated and can be wrong. How scoring works