Washington, Nov 12 (IANS) The University of Michigan has urged the US government to withdraw a proposed change to employment-based immigration rules, warning that allowing officials to revisit earlier eligibility decisions without explaining their departure would increase uncertainty for those seeking extensions.
In a notice published on Wednesday (local time), the university said it had submitted comments opposing the Department of Homeland Security's plan to remove a requirement that US Citizenship and Immigration Services generally defer to its previous approvals when the underlying facts remain unchanged.
The DHS published the proposal on October 14. Public comments are due by November 13.
The university said the change would allow USCIS to reach a different conclusion without specifically explaining why it was departing from its earlier determination, "increasing uncertainty and the burden on petitioners seeking extensions of status".
It supported thorough reviews of applications but argued that removing the rule was unnecessary because USCIS already had authority to address petitions approved in error.
The existing provision covers petitions filed on Form I-129 involving the same employer and beneficiary and the same underlying facts. It applies across several temporary worker categories, including H-1B, L-1, O-1, E-3 and TN, when extensions are requested using that form.
DHS argues that removing mandatory deference would reinforce the legal requirement that those seeking immigration benefits prove eligibility. It says the change would strengthen scrutiny, improve the integrity of the immigration system and better protect US workers.
The proposal would still allow officers to consider a previous approval where relevant. It would remove the requirement to begin from a position of deference to that decision.
DHS also anticipates more requests for additional evidence, requiring petitioners to spend time gathering documents and preparing responses.
DHS estimated that an average of 208,429 petitions a year were eligible for deference in fiscal years 2022-25, accounting for about 30 per cent of all Form I-129 petitions.
--IANS
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