{
    "schema": "amendsignal.record/1",
    "generated_on": "2026-11-02",
    "publisher": {
        "name": "AmendSignal",
        "url": "https://amendsignal.com/"
    },
    "notice": "Coverage is limited, so a missing record does not mean nothing changed. General information, not legal advice. Check the official source. Please cite the record's url.",
    "change": {
        "id": 9,
        "url": "https://amendsignal.com/changes/department-of-homeland-security-proposes-ending-deference-to-prior-approvals-when-reviewing-form/",
        "title": "Department of Homeland Security proposes ending deference to prior approvals when reviewing Form I-129 worker extension petitions",
        "change_type": "proposed_rule",
        "change_type_label": "Proposed rule",
        "status": "proposed",
        "status_label": "Proposed",
        "status_statement": "As of our last check on November 2, 2026, this is a proposal, not a requirement. Comments are due November 13, 2026.",
        "significance": "Proposed, nothing required yet",
        "jurisdiction": {
            "code": "US",
            "name": "United States"
        },
        "authority": {
            "name": "Department of Homeland Security",
            "short_name": "DHS"
        },
        "identifiers": [
            {
                "type": "fr_document_number",
                "label": "FR document",
                "value": "2026-20941"
            },
            {
                "type": "fr_citation",
                "label": "Citation",
                "value": "91 FR 65119"
            },
            {
                "type": "rin",
                "label": "RIN",
                "value": "1615-AD26"
            },
            {
                "type": "docket_id",
                "label": "Docket",
                "value": "CIS No. 2870-26"
            },
            {
                "type": "docket_id",
                "label": "Docket",
                "value": "DHS Docket No. USCIS-2026-0529"
            },
            {
                "type": "cfr_citation",
                "label": "CFR",
                "value": "8 CFR 214"
            }
        ],
        "dates": [
            {
                "type": "publication",
                "label": "Published",
                "value": "2026-10-14",
                "precision": "day"
            },
            {
                "type": "comment_close",
                "label": "Comments due",
                "value": "2026-11-13",
                "precision": "day"
            }
        ],
        "in_short": {
            "what_changed": "The Department of Homeland Security (DHS) proposes to remove the regulation that tells U.S. Citizenship and Immigration Services (USCIS) officers to defer to a prior approval when reviewing a Form I-129 petition to extend a foreign worker's employment or stay. Officers could still consider a prior approval, but would no longer start from deference to it.",
            "whos_affected": "Employers that file Form I-129 extension petitions for nonimmigrant workers (for example H-1B, L-1, O-1, E and TN workers), and those workers. DHS expects more requests for evidence and longer processing for some extensions.",
            "what_to_do": "This proposed rule creates no new duties for employers now. Employers that want to weigh in can comment through regulations.gov by November 13, 2026, and may want to plan for fuller, earlier extension filings in case the proposal becomes final."
        },
        "summary": "The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) propose to remove the regulation that tells officers to defer to an earlier approval when deciding a Form I-129 petition to extend a nonimmigrant worker's employment or stay with the same parties and facts. Officers would review each extension on its own record, and DHS expects more requests for evidence and longer processing for some filings. This is a proposal only and creates no requirement now; comments are due November 13, 2026.",
        "business_functions": {
            "state": "limited",
            "functions": [
                {
                    "slug": "human-resources",
                    "name": "Human resources"
                },
                {
                    "slug": "legal-and-compliance",
                    "name": "Legal and compliance"
                }
            ]
        },
        "added_on": "2026-11-02",
        "updated_on": null,
        "updates_in_progress": null,
        "last_checked": "2026-11-02",
        "record_url": "https://amendsignal.com/changes/department-of-homeland-security-proposes-ending-deference-to-prior-approvals-when-reviewing-form/record.json",
        "what_changed": [
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "DHS proposes to remove 8 Code of Federal Regulations (CFR) 214.1(c)(5), which generally provides that USCIS gives deference to a prior approval involving the same facts when deciding a request to extend a petition for a worker's employment or stay.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility",
                        "locator": "SUMMARY",
                        "excerpt": "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."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "Under the current regulation, USCIS must generally defer to the earlier eligibility decision unless there was a material error, a material change, or new material information.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility",
                        "locator": "Supplementary Information, II.A Purpose and Summary of the Proposed Regulatory Action",
                        "excerpt": "Under the current regulation, USCIS must generally defer to the prior determination of eligibility for the nonimmigrant worker classification unless there was a material error, a material change, or new material information."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The proposal would not bar officers from considering a prior approval where relevant. It would remove the requirement that officers start from a position of deference to it.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility",
                        "locator": "Supplementary Information, III. Discussion of Proposed Rule",
                        "excerpt": "This proposal would not prohibit USCIS officers from considering a prior approval where relevant. Rather, it would remove the requirement that officers begin from a position of deference to the prior approval."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The proposed change would apply to all benefit requests filed on Form I-129.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility",
                        "locator": "Supplementary Information, III. Discussion of Proposed Rule",
                        "excerpt": "This proposed change would apply to all benefit requests filed using Form I-129, Petition for a Nonimmigrant Worker."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "DHS says removing deference would not change the eligibility rules for the immigration benefit itself.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility",
                        "locator": "Supplementary Information, III.E Reliance Interests and Alternatives Considered",
                        "excerpt": "Conversely, removing deference does not substantively change eligibility for the requested immigration benefit."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "If the rule becomes final, USCIS would also change its current policy guidance on deference.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility",
                        "locator": "Footnote 11",
                        "excerpt": "If this proposed rule becomes final, USCIS would make corresponding changes to the current policy guidance on deference."
                    }
                ]
            }
        ],
        "who_is_affected": [
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The current deference rule most often applies when an employer seeks to extend a worker's employment or stay in the same previously approved classification.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility",
                        "locator": "Supplementary Information, II.A Purpose and Summary of the Proposed Regulatory Action",
                        "excerpt": "This requirement most often applies when a petitioning employer seeks to extend a petition for an alien's employment or authorized stay in the United States under the same previously approved nonimmigrant worker classification."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "Form I-129 is used to request extensions of stay for many worker classifications, including E-1, E-2, E-3, H-1B, H-2A, H-2B, L-1, O-1, P, Q-1, R-1 and TN workers.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility",
                        "locator": "Footnote 5",
                        "excerpt": "The petitioner must file Form I-129 to request an extension of stay for E-1, E-2, E-3, H-1B, H-1B1, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-2, P-3, P-1S, P-2S, P-3S, Q-1, R-1, or TN nonimmigrant workers."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "DHS estimates about 208,429 petitions a year would be affected and identified 22,748 unique employers affected by the proposal.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility",
                        "locator": "IV.A Quantified Costs",
                        "excerpt": "We apply this percentage to the estimated affected population from Table 2 (208,429)"
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility",
                        "locator": "IV.B Initial Regulatory Flexibility Analysis",
                        "excerpt": "DHS identified 22,748 unique employers affected by this rule."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "Workers whose extensions take longer could face more uncertainty about continuing their employment.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility",
                        "locator": "IV.A Unquantified Costs",
                        "excerpt": "increase stress for workers who may have to wait significantly longer for clarity on their ability to continue employment beyond that already authorized."
                    }
                ]
            }
        ],
        "business_implications": [
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "DHS expects requests for evidence (RFEs) to rise by about 2.9 percentage points, or roughly 6,044 more RFEs a year.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility",
                        "locator": "IV.A Quantified Costs",
                        "excerpt": "Based on the simple DID estimate, the removal of 8 CFR 214.1(c)(5) and the deference policy may increase the RFE rate by 2.9 percentage points."
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility",
                        "locator": "IV.A Quantified Costs",
                        "excerpt": "to estimate that there would be approximately 6,044 additional RFEs annually after removing the deference policy."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "DHS estimates the added cost to petitioners at about $133,987 a year, or about $22 per added RFE.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility",
                        "locator": "IV.A Quantified Costs",
                        "excerpt": "DHS estimates the annual increase in cost would be approximately $133,987 to petitioners due to the expected increase in RFEs. On average, the cost of an additional RFE would be $22.17."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "Petitions that get an RFE took 64 days longer to process on average, which DHS says can make it harder to plan project timelines, staffing and work assignments.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility",
                        "locator": "IV.A Unquantified Costs",
                        "excerpt": "the difference in processing time between petitions with and without an RFE is 64 days"
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility",
                        "locator": "IV.A Unquantified Costs",
                        "excerpt": "These longer timelines can delay the final decision, making it difficult for workers and employers to plan project timelines, staffing levels, and work assignments."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "When an extension is timely filed and still pending when the worker's status expires, the worker may remain in an authorized period of stay and may be eligible to keep working.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility",
                        "locator": "IV.A Unquantified Costs",
                        "excerpt": "the beneficiary may remain in the United States in an authorized period of stay while awaiting the adjudication of the petition filed on their behalf and may be eligible to continue to work."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "DHS expects some petitioners to collect more supporting documents and keep fuller records of prior approvals and ongoing eligibility, and to put more staff or attorney time into extension filings.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility",
                        "locator": "IV.B Initial Regulatory Flexibility Analysis, item 4",
                        "excerpt": "As a result, certain petitioners would need to review RFE notices more frequently, collect and organize additional supporting documentation, and maintain more robust records of prior approvals and ongoing eligibility."
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility",
                        "locator": "IV.A Unquantified Costs",
                        "excerpt": "However, petitioners may take additional steps to ensure that submissions are complete and well-organized at the outset, instead of merely relying on a prior approval."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "DHS's analysis found no change in denial rates tied to deference.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility",
                        "locator": "IV.A Quantified Costs",
                        "excerpt": "DHS applied the same DID approach to denial rates and found no corresponding change."
                    }
                ]
            }
        ],
        "required_actions": [],
        "recommended_actions": [
            {
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "text": "Consider submitting comments through regulations.gov under Docket No. USCIS-2026-0529 if the proposal would affect your extension filings. DHS says comments sent by email, mail or hand delivery will not be accepted.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility",
                        "locator": "DATES",
                        "excerpt": "Written comments on the notice of proposed rulemaking (NPRM) must be submitted on or before November 13, 2026."
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility",
                        "locator": "ADDRESSES",
                        "excerpt": "You may submit comments on the entirety of this proposed rulemaking package, identified by DHS Docket No. USCIS-2026-0529 through the Federal eRulemaking Portal: https://www.regulations.gov."
                    }
                ]
            },
            {
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "text": "Consider preparing upcoming Form I-129 extension petitions so they fully show continued eligibility on their own, rather than relying on the earlier approval.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility",
                        "locator": "IV.A Unquantified Costs",
                        "excerpt": "However, petitioners may take additional steps to ensure that submissions are complete and well-organized at the outset, instead of merely relying on a prior approval."
                    }
                ]
            },
            {
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "text": "Consider building more lead time into extension planning, since petitions that receive an RFE took 64 days longer on average, and timely filing affects whether a worker may keep working while a petition is pending.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility",
                        "locator": "IV.A Unquantified Costs",
                        "excerpt": "the difference in processing time between petitions with and without an RFE is 64 days"
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility",
                        "locator": "IV.A Unquantified Costs",
                        "excerpt": "the beneficiary may remain in the United States in an authorized period of stay while awaiting the adjudication of the petition filed on their behalf and may be eligible to continue to work."
                    }
                ]
            },
            {
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "text": "Consider keeping organized records of prior approvals and current evidence of each worker's eligibility so RFE responses can be prepared quickly.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility",
                        "locator": "IV.B Initial Regulatory Flexibility Analysis, item 4",
                        "excerpt": "As a result, certain petitioners would need to review RFE notices more frequently, collect and organize additional supporting documentation, and maintain more robust records of prior approvals and ongoing eligibility."
                    }
                ]
            }
        ],
        "required_actions_assessment": {
            "state": "assessed",
            "text": "This is a proposed rule, so it creates no requirement for employers. DHS also states it would not impose new reporting or recordkeeping requirements; the change would affect how USCIS reviews Form I-129 extension petitions."
        },
        "applicability": [
            {
                "criterion": "where",
                "label": "Where",
                "answer": "United States, nationwide",
                "kind": "fact",
                "kind_label": "From the source",
                "evidence": []
            },
            {
                "criterion": "employer_type",
                "label": "Employers",
                "answer": "Employers that file Form I-129, Petition for a Nonimmigrant Worker, especially to extend a worker's employment or stay.",
                "kind": "fact",
                "kind_label": "From the source",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility",
                        "locator": "Supplementary Information, II.A Purpose and Summary of the Proposed Regulatory Action",
                        "excerpt": "This requirement most often applies when a petitioning employer seeks to extend a petition for an alien's employment or authorized stay in the United States under the same previously approved nonimmigrant worker classification."
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility",
                        "locator": "Supplementary Information, III. Discussion of Proposed Rule",
                        "excerpt": "This proposed change would apply to all benefit requests filed using Form I-129, Petition for a Nonimmigrant Worker."
                    }
                ]
            },
            {
                "criterion": "size",
                "label": "Size",
                "answer": "The proposal sets no size threshold; DHS estimates about 57 percent of classified H-1B extension filers are small entities.",
                "kind": "inference",
                "kind_label": "Our analysis",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility",
                        "locator": "IV.B Initial Regulatory Flexibility Analysis, item 3",
                        "excerpt": "DHS determined that 57 percent of the total 16,447 classified unique entities that filed Form I-129 extensions under the H-1B classification were small entities."
                    }
                ]
            },
            {
                "criterion": "industries",
                "label": "Industries",
                "answer": "Any industry that sponsors nonimmigrant workers; DHS's data point most to technical and computer services, manufacturing and education.",
                "kind": "inference",
                "kind_label": "Our analysis",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility",
                        "locator": "IV.B Initial Regulatory Flexibility Analysis, item 3",
                        "excerpt": "Top 10 categories for small entities include: Professional, scientific, and technical services (54), Manufacturing (33), Educational services (61), and Pharmaceutical preparation manufacturing (32)."
                    }
                ]
            },
            {
                "criterion": "functions",
                "label": "Functions",
                "answer": "Human resources (HR) and legal teams, or outside immigration counsel, that prepare extension petitions and responses to requests for evidence.",
                "kind": "fact",
                "kind_label": "From the source",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility",
                        "locator": "IV.B Initial Regulatory Flexibility Analysis, item 4",
                        "excerpt": "DHS anticipates that these activities would generally be carried out by an HR specialist, an in-house attorney, or an outsourced attorney"
                    }
                ]
            },
            {
                "criterion": "applies_if",
                "label": "Applies if",
                "answer": "You file Form I-129 to extend a worker's stay or petition in a classification already approved, with the same parties and underlying facts.",
                "kind": "fact",
                "kind_label": "From the source",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility",
                        "locator": "Supplementary Information, II.A Purpose and Summary of the Proposed Regulatory Action",
                        "excerpt": "involving the same parties and the same underlying facts"
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility",
                        "locator": "Footnote 5",
                        "excerpt": "The petitioner must file Form I-129 to request an extension of stay for E-1, E-2, E-3, H-1B, H-1B1, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-2, P-3, P-1S, P-2S, P-3S, Q-1, R-1, or TN nonimmigrant workers."
                    }
                ]
            },
            {
                "criterion": "action",
                "label": "Action",
                "answer": "Nothing is required now; consider commenting by November 13, 2026.",
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility",
                        "locator": "DATES",
                        "excerpt": "Written comments on the notice of proposed rulemaking (NPRM) must be submitted on or before November 13, 2026."
                    }
                ]
            }
        ],
        "open_questions": [
            {
                "question": "Would a final rule apply to extension petitions that are already pending when it takes effect?",
                "context": "The proposal does not say how petitions filed before a final rule would be treated."
            },
            {
                "question": "Would the change affect extension requests for workers' dependents filed on Form I-539?",
                "context": "The document notes dependents may file on Form I-539, but the proposal speaks only of requests filed on Form I-129."
            }
        ],
        "events": [
            {
                "event_type": "originating_action",
                "label": "Issued",
                "occurred_on": "2026-10-14",
                "summary": "Removing Deference to Prior USCIS Determinations of Eligibility",
                "source": "https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility"
            }
        ],
        "corrections": [],
        "sources": [
            {
                "label": "Removing Deference to Prior USCIS Determinations of Eligibility, 91 FR 65119 (October 14, 2026)",
                "publisher": "Federal Register",
                "role": "primary",
                "url": "https://www.federalregister.gov/documents/2026/10/14/2026-20941/removing-deference-to-prior-uscis-determinations-of-eligibility",
                "pdf_url": "https://www.govinfo.gov/content/pkg/FR-2026-10-14/pdf/2026-20941.pdf"
            }
        ]
    }
}