This article was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Loan Huynh is an active member.
On October 14, 2026, U.S. Citizenship and Immigration Services (USCIS) published a proposed rule that would eliminate deference to a prior approval involving the same facts when adjudicating a request to extend a petition for employment or stay.
USCIS said that the burden of proving eligibility for all immigration benefits is on the petitioner, applicant or beneficiary, and that the deletion of the regulation [8 CFR § 214.1(c)(5)] would “strengthen adjudicatory review” and “support agency priorities to improve the integrity of the immigration system and better protect the interests of U.S. workers.”
Comments may be submitted by November 13, 2026, at https://www.regulations.gov/.
