Washington, November 12, 2026 (Yes Punjab News)
The University of Michigan has opposed a proposed US immigration rule change that would allow authorities to reconsider previously approved employment-based visa petitions without being required to explain why they have reached a different decision.
In comments submitted to the Department of Homeland Security (DHS), the university urged the government to withdraw the proposal, warning that removing the existing deference requirement could create uncertainty and increase the burden on employers and foreign workers seeking visa extensions.
The proposal, published by DHS on October 14, seeks to remove a provision requiring US Citizenship and Immigration Services (USCIS) generally to defer to its earlier approval when a subsequent petition involves the same employer and beneficiary and the underlying facts have not changed. The deadline for public comments is November 13.
The existing provision applies to certain employment-based petitions filed through Form I-129, covering temporary worker categories such as H-1B, L-1, O-1, E-3 and TN visas.
The university said it supported thorough scrutiny of immigration applications but argued that eliminating the deference provision was unnecessary because USCIS already had the authority to address petitions that had been approved incorrectly.
It warned that the proposed change could allow officials to reach a different conclusion without specifically explaining their departure from an earlier determination, thereby increasing uncertainty for petitioners seeking extensions of status.
DHS, however, maintains that removing mandatory deference would reinforce the requirement for applicants to establish their eligibility for immigration benefits. The department argues that the change would strengthen scrutiny, improve the integrity of the immigration system and better protect American workers.
Under the proposed framework, USCIS officers would still be able to consider previous approvals where relevant, but would no longer be required to begin with a presumption of deference.
DHS has also anticipated an increase in requests for additional evidence, which could require employers and applicants to spend more time collecting documents and responding to immigration officials.
The department estimates that an average of 208,429 petitions annually qualified for deference during fiscal years 2022 to 2025, representing approximately 30 per cent of all Form I-129 petitions.
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