DHS proposes to end deference to prior approvals when employers extend work petitions

On October 14, 2026, the Department of Homeland Security (USCIS) proposed removing 8 CFR 214.1(c)(5), the rule telling officers to give deference to an earlier approval when the same employer files the same nonimmigrant worker petition again on Form I-129. This is a proposal only; the current rule stays in force unless DHS later issues a final rule. DHS says it wants the burden of proving eligibility to stay with the petitioner on every filing. The notice concerns I-129 extension filings, such as H-1B, and does not mention OPT or students own applications. Comments are due November 13, 2026, on regulations.gov under docket USCIS-2026-0529.

Sources: Proposed rule, 91 FR 65119 (Federal Register) · Comment docket USCIS-2026-0529 (regulations.gov)