United StatesH-1B, L-1, O-1 extensions

DHS proposes ending deference to prior approvals

Proposed, not finalSources checked 28 Oct 2026

DHS proposed removing the rule under which USCIS generally gives deference to a prior approval involving the same facts when it decides a request to extend a worker's petition or stay. Comments are due November 13, 2026.

Who it affects

Workers and employers filing extension petitions with USCIS

What the official source says

โ€œproposes 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.โ€
Federal Register: Removing Deference to Prior USCIS Determinations of Eligibility (proposed rule, 2026-20941) federalregister.gov, checked 28 Oct 2026

Quotes are copied from the official pages on the dates shown. This page is a summary, not legal advice: rules can change, so check the source before you act.

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