17 Higher-Education Groups Urge DHS to Drop Plan Ending Deference to Prior Visa Approvals
The American Council on Education and 16 other higher-education organizations filed a comment letter on November 13 asking the Department of Homeland Security to withdraw a proposed rule that would end the practice of deferring to prior approvals in extension cases. The proposal was published in the Federal Register on October 14.
The change would apply to extension requests filed on Form I-129, covering nonimmigrant worker categories including the H-1B, and would affect the many international graduates who stay in the United States to work after studying at U.S. universities. Under the current policy, U.S. Citizenship and Immigration Services generally defers to a prior approval when the parties and underlying facts are the same and there has been no material change, no earlier error and no new information.
The groups argue that ending deference would turn every extension into a fresh adjudication and add uncertainty for employers and employees alike. The proposal does not change H-1B eligibility requirements and would not automatically terminate existing approvals.
The public comment period closed on November 13. DHS will now review the comments before deciding whether to revise, withdraw or finalize the rule.
Source: American Council on Education
Published by GSM · USA (original Chinese edition)
Photo: 图：USCIS 位于马里兰州 Camp Springs 的总部员工大会现场。来源：U.S. Department of Homeland Security (DHS photo by Mikaela McGee)，Wikimedia Commons，Public domain。 / Photo: A USCIS employee town hall at its Camp Springs, Maryland headquarters. Source: U.S. Department of Homeland Security (DHS photo by Mikaela McGee), Wikimedia Commons, Public domain.
