Employers in Dallas–Fort Worth that sponsor workers on temporary visas should note a proposed rule published October 14, 2026. USCIS wants to remove the regulation that tells officers to defer to an earlier approval when the same employer files to extend a worker’s petition on the same facts.
The rule USCIS wants to remove
The current text of 8 CFR 214.1(c)(5) says that when USCIS adjudicates a request on Form I-129 involving the same parties and the same underlying facts, it gives deference to its prior determination of eligibility. USCIS need not defer if there was a material error in the earlier approval or a material change in circumstances, among other exceptions.
Why USCIS says it should go
In the proposal, DHS argues that the statute places the burden of proving eligibility on the petitioner, applicant or beneficiary, and that the deference provision shifts that burden in practice. DHS notes that the provision was codified in a December 2024 rule and says removing it would strengthen adjudicatory review.
Who would feel it
The proposal concerns requests to extend a petition for employment or stay. The notice discusses extensions for workers in categories such as H-1B, L-1, O-1, P, Q-1, R-1 and TN. If finalized, each extension would be reviewed without a presumption based on the earlier approval. Our guide to L-1B qualifications shows the kind of evidence that would have to be rebuilt each time.
Comments and timing
Written comments are due by November 13, 2026 under docket USCIS-2026-0529. Until a final rule is published, the current regulation, including deference, remains in effect.
Practical advice
- Prepare extensions as if they were first-time filings, with full evidence.
- Document any changes in duties, worksite or ownership clearly.
- Plan green card steps early; see employment-based green cards in Dallas and I-140 delays.
Mandamus.com explains how employment-based delays are handled when a case stops moving. Students should also read about the proposed OPT fees.
How deference works today
Under the current text, deference applies only to requests on Form I-129 that involve the same parties and the same underlying facts, and officers can already decline to defer when the earlier approval involved a material error or when circumstances have materially changed. The proposal would remove the presumption altogether, so an officer would evaluate an extension without starting from the earlier decision. A proposal can still change. DHS must consider the comments it receives and publish a final rule before the regulation is amended.
Frequently asked questions
Is deference already gone? No. The proposal would remove it, but the current regulation applies until a final rule takes effect.
Which form is affected? The current provision applies to requests on Form I-129 involving the same parties and facts.
When do comments close? November 13, 2026, under docket USCIS-2026-0529.
Key Takeaways
- USCIS proposed removing 8 CFR 214.1(c)(5), which gives deference to prior approvals on I-129 extensions.
- DHS says deference shifts the burden of proof away from petitioners.
- Extensions for categories such as H-1B, L-1 and O-1 would be reviewed without that presumption.
- Comments are due November 13, 2026 under docket USCIS-2026-0529.
- Employers should prepare extensions with complete evidence now.
Disclosure: This site collaborates with the law firm that publishes mandamus.com and n600k.com; some articles link to their guides. General information only, not legal advice.
General information only, not legal advice. Immigration law and agency policy change often; confirm current rules before acting. Published October 26, 2026. Official sources checked October 26, 2026.