The USCIS has decided to reopen /reconsider certain adverse H-1B decisions which were based on three prior (now revoked) policies. On June 17, 2020, through Policy Memorandum 602-0114, USCIS had officially rescinded two previous policies, titled “Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements” which was issued on January 8, 2010 and “Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites,” which was issued on February 22, 2018. The third policy titled ‘Guidance memo on H1B computer related positions’,” which was issued on March 31, 2017 was rescinded by the USCIS ON February 3, 2021 via Policy Memorandum 602-0142.1.
These two new policies are applicable to “any pending or new H-1B petitions, including motions on and appeals of revocations and denials of H-1B classification.” Further, the acceptance of such motion to reopen will be up to the discretion of the USCIS, given that it is filed more than 30 days after the decision, if filed before the end of the validity period requested on the petition or Labor Condition Application, whichever is earlier, and the decision was based on one or more policies in the three aforementioned rescinded H-1B Policy Memorandum.
A petitioner may request USCIS to reopen or reconsider the adverse decision based on the aforementioned rescinded policies. This can be done by filing the I-290B, Notice of Appeal or Motion along with appropriate fee.
This development has brought a positive outlook towards the many foreign workers looking to work in the United States. Earlier, the issuance of work visas had come under much scrutiny, thus resulting in many denials. However, the impact of the recent policy changes remains to be seen.
We will regularly update the blog as soon as any new updates are available.
This article aims to provide new information. This article, under no circumstances, acts as legal advice; therefore, for any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).