A proposal published October 14, 2026 would remove the requirement that USCIS defer to certain earlier eligibility determinations. It is not a final rule and does not itself change the existing standard.
The proposal matters to employers and workers planning repeat nonimmigrant petitions, including H-1B, L-1 and O-1 matters. Earlier approval would not guarantee approval of a later filing. The proposal also would not prohibit USCIS from considering that earlier approval.
Key dates
Published October 14, 2026; comments due November 13, 2026, before midnight Eastern. The proposal establishes no final-rule effective date.
Has required deference already ended?
No. Publication of this proposal does not repeal the current regulation.
Would a prior approval become irrelevant?
No. The proposal removes required deference, not the ability to consider earlier determinations.
What should employers do now?
Review upcoming filings, supporting evidence and changed facts with counsel. Do not assume that an earlier approval resolves the next petition.
Call 424-421-5552 to arrange an employer or worker consultation. General information, not individual legal advice.