Federal Register #2026-20941

DHS and USCIS propose independent review of certain Form I-129 extension requests

This DHS and USCIS notice proposes a change to how certain Form I-129 extension requests are reviewed. - Government agencies: U.S. Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS). - Proposed change: Remove the regulation that generally directs USCIS officers to defer to prior eligibility approvals when reviewing certain Form I-129 requests involving the same parties and underlying facts. - Effect: Each request would be assessed on its own merits, and petitioners would remain responsible for establishing eligibility. - Stated rationale: DHS and USCIS say the proposal would strengthen fact-finding and adjudicatory review, support immigration program integrity, and better protect U.S. workers. - Procurement information: This is a regulatory proposal, not a procurement opportunity. No OEMs, vendors, products, services, part numbers, quantities, or contract value are identified.

Description

DHS and USCIS propose removing 8 CFR 214.1(c)(5), which generally requires USCIS to defer to a prior approval involving the same parties and underlying facts when adjudicating certain Form I-129 extension requests. The change would apply to benefit requests filed using Form I-129, Petition for a Nonimmigrant Worker, and remove the requirement that officers begin from a position of deference to a prior approval. The proposal is intended to align regulations with the statutory burden of proving eligibility, strengthen review of each request, and support immigration system integrity and protection of U.S. workers. Written comments are due by November 13, 2026.

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