On October 14, 2026 USCIS published a proposed rule that would remove 8 CFR 214.1(c)(5). Today that policy lets officers give weight to a prior approval when the facts have not changed.
What it would mean
- Every extension of a work petition or stay (for example H-1B or L-1) would be reviewed as if it were new.
- The petitioner or applicant must prove eligibility again in full.
- It is a proposal: it is not in effect yet.
What to do
- Employers: prepare complete extension packages, as if filing for the first time.
- Anyone can comment at regulations.gov until November 13, 2026.
- If your extension is pending, track it with CaseAlerta so you can answer fast if USCIS sends a Request for Evidence (RFE).
Sources
Informational summary prepared by CaseAlerta with AI assistance from official sources. Not legal advice.