On Oct. 14, U.S. Citizenship and Immigration Services (USCIS) issued both a proposed rule to eliminate deference to prior approvals of immigration filings; and a final rule codifying the elimination of certain automatic extensions of employment authorization documents (EADs).
USCIS is proposing to require officers to independently reassess eligibility for temporary work visas, even when the worker, employer, and underlying circumstances remain unchanged, a move that could increase scrutiny, processing delays, and uncertainty for employers sponsoring foreign talent.
USCIS estimates that approximately 208,000 extension applications annually would be affected, with H-1B petitions accounting for about 75 percent of the total. The proposal would also affect H-2A agricultural workers, H-2B seasonal workers, L-1 intracompany transferees, and TN professionals from Canada and Mexico.
The agency will accept public comments for 30 days. The proposal would not immediately change how USCIS adjudicates pending or future petitions; the agency would need to issue a final rule before implementing the change.
Under the current regulation, USCIS generally defers to previous approvals involving the same employer, worker, and material facts unless there was a significant change in circumstances, a material error in the earlier decision, or new information that adversely affects eligibility.
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