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Proposed Elimination of Deference to Prior Approvals of Immigration Petitions

A seeks to eliminate the longstanding USCIS principle of deference to its prior approval of immigration filings on Form I-129, the petition for nonimmigrant workers.聽 The proposal is the Trump Administration鈥檚 third attempt to eliminate deference.

If implemented, the regulation is likely to spur longer processing times and an increase in requests for evidence and denials of Form I-129 extensions of stay, which could make it more difficult for employers to retain foreign sponsored talent.

DHS will accept public comments on the proposed regulation for 30 days after its publication.

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