US proposes ending prior-approval deference for Form I-129 adjudications
The 14 October proposal would remove the existing deference requirement. Public comments are due on 13 November; the proposal is not a final rule.
A DHS proposal published on 14 October 2026 would remove 8 CFR 214.1(c)(5). The provision generally requires USCIS to defer to an earlier eligibility determination when a Form I-129 request involves the same parties and underlying facts, subject to exceptions for material errors, changes or new adverse information. It is particularly relevant to extensions of nonimmigrant workers’ employment or stay.[1]
Officers could still consider relevant prior approvals. The proposal would remove mandatory deference, rather than change the underlying eligibility criteria. Comments on docket USCIS-2026-0529 are due before midnight Eastern Time at the end of 13 November 2026. This is a proposed rule, not an implemented change.[1]
Official sources
This article provides general information. Individual applications are subject to the applicable rules and the competent authority’s assessment.