DEPARTMENT OF HOMELAND SECURITY ISSUES PROPOSED RULE: REMOVING DEFERENCE TO PRIOR USCIS DETERMINATIONS OF ELIGIBILITY

WASHINGTON, Oct. 14 -- Department Of Homeland Security has issued a proposed rule called: Removing Deference to Prior USCIS Determinations of Eligibility.

The proposed rule was published in the Federal Register on Oct. 14 by Markwayne Mullin, Secretary, U.S. Department of Homeland Security.

Summary: The U.S. Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), proposes to remove 8 CFR 214.1(c)(5), which generally provides that USCIS gives deference to a prior approval involving the same facts when adjudicating a request to extend a petition for an alien's employment or stay. This change would better align DHS regulations with the statute, which places the burden of proving eligibility for all immigrati...