I-129 Deference Policy

DHS Proposal Would Eliminate I-129 Deference Policy

On October 14, 2026, the Department of Homeland Security (DHS) published a proposed rule to remove the I-129 Deference Policy in the Federal Register.

The current regulation at 8 CFR 214.1(c)(5) that DHS proposes to delete provides:

"(5) Deference to prior USCIS determinations of eligibility.  When adjudicating a request filed on Form I-129 involving the same parties and the same underlying facts, USCIS gives deference to its prior determination of the petitioner's, applicant's, or beneficiary's eligibility."

If approved, this means I-129 petitions filed to renew an individual’s H-1B status would be adjudicated on the merits of that petition with no deference given to prior approval(s).