DHS Proposes Ending Deference for Prior Nonimmigrant Worker Petitions

The U.S. Department of Homeland Security has put forward a new rule to eliminate the requirement that U.S. Citizenship and Immigration Services defer to past eligibility findings. Under current guidelines, USCIS typically respects prior determinations unless a material error, material change, or new adverse information arises.

If finalized, the modification would impact requests submitted on Form I-129, covering extensions for nonimmigrant workers involving identical parties and underlying facts. While immigration officers would retain the ability to consider previous approvals, they would no longer be mandated to initiate their review by deferring to them.

The proposed measure is set to appear in the Federal Register on October 14, 2026, and is currently only a proposal while existing regulations stay active. Officials are welcoming public feedback for 30 days following publication, and employers are advised to continue providing comprehensive evidence of eligibility for every submission.