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DHS proposes changing how prior visa approvals are weighed

DHS has proposed removing the regulation that generally directs USCIS to give weight to an earlier eligibility decision when reviewing a Form I-129 case involving the same employer, employee and underlying facts. The proposal was published October 14, 2026.

What “deference” means here

Deference means giving weight to an earlier USCIS eligibility determination. The current regulation generally calls for this when the parties and facts are unchanged, with exceptions for material error, a material change or new material information affecting eligibility.

Form I-129 is the petition employers use for several temporary-worker classifications, including H-1B.

What DHS is proposing

DHS would remove 8 CFR 214.1(c)(5), the current deference provision. The notice explains the agency’s reasons and seeks public comments. It does not revoke existing approvals or announce a final implementation date.

The notice also states that the current rule does not excuse a petitioner from providing evidence of eligibility.

The next deadline

Comments are due November 13, 2026 under docket USCIS-2026-0529. The notice directs submissions through Regulations.gov and explains that submitted information can become public. Any final change would require a further agency action.

Sources

This article provides general information and is not legal advice. Immigration outcomes depend on individual facts and current agency guidance.