10/19/2026
On October 14, 2026, the Department of Homeland Security (DHS) proposed a rule that would change how U.S. Citizenship and Immigration Services (USCIS) considers previous immigration approvals when reviewing Form I-129 petitions for nonimmigrant workers.
✅ The proposed rule would apply to Form I-129 petitions involving the same parties and underlying facts, including requests to extend a worker’s employment petition or stay in the United States.
✅ Under the current regulation, USCIS generally gives deference to a prior approval unless there is a material error, a material change, or new material information that adversely affects eligibility. This means USCIS generally relies on its previous approval when reviewing a similar petition involving the same parties and facts, rather than reexamining the entire case from the beginning.
✅ The proposed rule would remove this requirement. USCIS officers would independently review each petition to determine whether the worker continues to qualify for the requested immigration benefit.
✅ A previous approval would not guarantee approval of an extension. Employers would still need to demonstrate that the worker meets the eligibility requirements.
✅ USCIS officers could still consider previous approvals, but they would not be required to give them the same weight as before.
✅ DHS stated that the proposed change is intended to strengthen USCIS officers’ ability to review evidence, identify potential errors in prior approvals, and assess eligibility on a case-by-case basis.
📌 This is a proposed rule, not a final rule. Public comments may be submitted through November 13, 2026.
📌See the comments section to learn more
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Post by Diana
From the AK Poku Law Team
