By Ted J. Chiappari, Guilherme Massetti and Benjamin McDermott
On October 14, 2026, the U.S. Department of Homeland Security, through U.S. Citizenship and Immigration Services, published a proposed rule that would remove 8 CFR 214.1(c)(5). That regulation currently requires USCIS to defer to its prior eligibility determination when adjudicating a Form I-129 petition involving the same parties and the same underlying facts, unless there is a material error, a material change or new material information that adversely affects eligibility.