“Removing deference would not itself change green card queue positions or automatically invalidate existing H-1B approvals. However, it could affect how subsequent petitions are assessed while individuals wait for permanent residency.”
“For Indian H-1B holders in the EB-2/EB-3 backlog, this rule changes the nature of the green-card wait itself. Most are living on three-year AC21 extensions, four, five, six renewals over a decade. Today each renewal presumes the last approval was correct. Under the proposed rule, every renewal becomes a fresh trial of eligibility, with specialty occupation, wage level, and employer relationship all back on the table,” he said.
