ACE and 16 other higher education organizations are asking the Department of Homeland Security (DHS) to withdraw a proposed rule ending the policy of federal officials deferring to earlier approvals of nonimmigrant visas in making decisions about extension requests for H-1B work authorizations.The proposal would impact an array of visas holders, including international students who may seek to work for U.S. employers and be granted H-1B visas. The groups said in a comment letter sent today that a major concern with the proposed rule is that the elimination of such deference to earlier approvals will lead to even further slowdowns in the U.S. Citizenship and Immigration Services’ ability to process visas since the agency already is dealing with severe operational burdens.
There is no reason to end the deference policy because, “When a petitioner seeks an extension on the same or substantially similar facts and evidence, the outcome should ordinarily be the same,” wrote ACE President Ted Mitchell on behalf of the other organizations.
This is one of several changes affecting international students in negative ways that the Trump administration has put into effect or is considering. For instance, the higher education community is urging DHS to withdraw a proposed rule which would create a new unprecedented fee for international students seeking to complete Optional Practical Training (OPT).
Similar to concerns about the proposed OPT fee rule, there is concern that the rule proposing to end deference “will continue to discourage international enrollment at all levels at our U.S. institutions of higher education, further compounding the negative impact on recruitment and retention of international talent caused by other recent policies,” the groups wrote. “International enrollment across colleges and universities is in steep decline, with consequential impacts to the U.S. economy.”
The outcome of such a change in policy will be to signal to international professionals, including graduates of U.S. institutions, that this country is an unreliable destination for long-term career growth. As a consequence, the letter warns, “highly qualified scholars and international students will increasingly choose institutions in competitor nations that offer greater regulatory certainty.”