DHS proposal to end deference to prior USCIS approvals could mean stricter H-1B extension checks
Key points
- DHS proposes amending 8 CFR 214.1(c)(5) to remove deference to prior USCIS eligibility determinations.
- Under current practice, USCIS typically defers to an earlier approval for the same worker and facts.
- The proposal is not yet a regulation.
The US Department of Homeland Security has proposed amending 8 CFR 214.1(c)(5), titled Removal of Deference to Prior USCIS Determinations of Eligibility. Under current practice, when the same employer files an extension for the same worker and facts, USCIS typically defers to an earlier approval. The proposal is not yet a regulation and could affect H-1B extension reviews if finalized. For reference only; not legal advice.
What employers should do
- Monitor the proposal's progress and assess its impact on pending H-1B extension cases.
Policy details
- Jurisdiction
- Federal
- Status
- Proposed rule
- Effective date
- —
- Employers covered
- Employers filing extensions for workers, including H-1B
- Official source
- View official source ↗
Original report: The Sunday Guardian ↗Edited with AI assistance. Facts are based on official sources and original reports. For information only; not legal, immigration or insurance advice.