Proposal to End Deference to Prior Approvals in Extension Adjudications

DHS/USCIS proposes to remove 8 CFR 214.1(c)(5), which generally requires USCIS to defer to a prior approval involving the same parties and facts when adjudicating Form I-129 extension requests (e.g., H-1B, L-1). Petitioning employers would bear the full burden of proving continued eligibility; comments are due by November 13, 2026.

1. Proposed 2026-10-14

   “Therefore, DHS proposes to remove 8 CFR 214.1(c)(5).”

   Official source ↗
2. Proposed 2026-10-14

   “Therefore, DHS proposes to remove 8 CFR 214.1(c)(5).”

   Official source ↗

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