Last Day to Comment: Ending I-129 Deference and the Refugee NOIT Deadline

Today, November 13, 2026, is the last day to comment on two measures by the U.S. Department of Homeland Security (DHS) on deadlines in immigration cases. The electronic system accepts comments until midnight, Eastern Time.

1. Ending deference in I-129 extensions

DHS proposes to eliminate the rule that tells USCIS to respect a prior approval when it reviews an extension of Form I-129 involving the same parties and the same facts. The current rule, at 8 CFR 214.1(c)(5), allows an exception only for a material error, a material change, or new material information. The full text of the proposal is in the explainer published on November 2 (https://meridianglobalmobility.com/en/end-deference-i129-dhs-proposal-extensions/). Comments go under DHS Docket No. USCIS-2026-0529. The new edition of Form I-129 is mandatory since November 9 (https://meridianglobalmobility.com/en/form-i129-new-edition-november-9/).

2. Refugee NOIT response period: from 30 to 10 days

The second measure is an interim rule, in effect since October 14, 2026, that cut from 30 to 10 days the time for a refugee to respond to a notice of intent to terminate refugee status, the NOIT. The period counts calendar days and adds 3 days when the notice arrives by mail, reaching 13 days. Asking for an interview with USCIS within the period also counts as a timely response. Without a response, DHS treats the refugee as having given up the right to contest and terminates the status. Comments go under DHS Docket No. USCIS-2026-0397.

The 10-day rule is paused by the court

Enforcement of the rule is paused by an order of the federal court in Massachusetts, in the case Partnership for the Advancement of New Americans v. Edlow (No. 1:26-cv-14817), through December 4, 2026. During that period, the earlier 30-day period applies. The stay does not decide whether the rule is lawful. The hearing is set for November 20.

How to comment

Comments go only through the regulations.gov portal, each under its own docket: USCIS-2026-0529 for deference and USCIS-2026-0397 for the NOIT. A comment goes in English, or with a translation, and must include the agency name, U.S. Citizenship and Immigration Services, and the docket number. Emails or letters do not count. Submissions are published on the portal, without change, including any personal information provided.

What does not change today

Nothing changes today in the content of the rules. Current deference remains in effect, because the proposal is not yet a final rule. The NOIT rule has been in effect since October 14, but its enforcement is paused through December 4. What ends today is only the deadline to comment on the two measures. Other November deadlines: 60-day grace period, comments through November 10 (https://meridianglobalmobility.com/en/dhs-proposal-end-60-day-grace-period-job-ends/); proposed OPT fee, through November 9 (https://meridianglobalmobility.com/en/dhs-proposed-opt-fee-70000-first-30000-subsequent/); EB-5 fees, rising November 30 (https://meridianglobalmobility.com/en/eb-5-fees-rise-november-30-i526-i526e/); November Visa Bulletin, published (https://meridianglobalmobility.com/en/november-2026-visa-bulletin-official-dates/).

Frequently asked questions

Has deference to prior approvals already ended?

No. The proposal has not become a final rule.

Does a person who received a NOIT have to respond in 10 days?

Not while the court stay lasts, through December 4, 2026. During that period, the earlier 30-day period applies. The deadline written on the notice must be checked.

Disclaimer and compliance notice: Meridian Global Mobility (MGM) provides operational coordination, document organization, and logistical support for Brazil–U.S. mobility projects. MGM is not a law firm and does not provide legal services, legal advice, or representation before government agencies. Any legal services are provided independently by licensed, independent attorneys in the United States. The content of this article is informational and does not constitute consulting or an eligibility determination.