# Removing Deference to Prior USCIS Determinations of Eligibility

**Action Urgency Score:** 55/100

| Field | Value |
|---|---|
| Agency | Homeland Security Department |
| Type | Proposed rule |
| Action | Notice of proposed rulemaking. |
| Published | 2026-10-14 |
| Comments close | 2026-11-13 |
| Significant | No |
| CFR parts | 8 CFR 214 |
| 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 i |
| Document number | 2026-20941 |

## Why this score
- Comment deadline within 30 days.

Source: Federal Register API (Office of the Federal Register) (https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility). Last refreshed: 2026-11-04T09:17:43.641Z.
Data from the Federal Register API; the published Federal Register document is authoritative. Informational only, not legal advice.