2026-20941Proposed RuleWallet

Immigration Bureau: Prove You're Eligible Every Single Time, No Exceptions

Published Date: 10/14/2026

Proposed Rule

Summary

USCIS is proposing a rule change that stops automatically trusting past approvals for extending work or stay petitions. This means everyone applying must prove they’re eligible every time, making the process fairer and protecting U.S. workers. If you’re involved in immigration petitions, get ready to show your proof again; comments on this change are open until November 13, 2026.

Analyzed Economic Effects

3 provisions identified: 1 benefits, 2 costs, 0 mixed.

No automatic reliance on past approvals

DHS proposes to remove 8 CFR 214.1(c)(5), which currently tells USCIS officers to give deference to prior approvals when deciding I-129 extension requests. If finalized, every Form I-129 petition for a nonimmigrant worker would be adjudicated on its own facts and the petitioner must prove eligibility each time they file.

Aimed at reducing fraud and noncompliance

DHS says removing deference would strengthen program integrity and disincentivize fraudulent or misleading extension filings. DHS cites data showing combined non-compliance and/or fraud among H-1B sites visited was 22.39% for FY2022–FY2025 versus 16.77% for FY2018–FY2020, and for L-1A sites was 24.46% for FY2022–FY2025 versus 18.37% for FY2018–FY2020.

Reliance concerns for employers and workers

DHS acknowledges that some employers and nonimmigrant workers may have relied on continued approvals when making business arrangements or personal plans. DHS states it considers those reliance interests limited and that removing deference does not change the substantive eligibility rules — employers and workers can continue employment so long as they establish continued eligibility.

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Key Dates

Published Date
Comments Due
10/14/2026
11/13/2026

Department and Agencies

Department
Independent Agency
Agency
Homeland Security Department
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