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Denied H-1B Petitions Might be Reopened Under Three Rescinded Policy Memos

Denied H-1B Petitions Might be Reopened Under Three Rescinded Policy Memos

Denied H-1B Petitions Might be Reopened Under Three Rescinded Policy Memos

U.S. Citizenship and Immigration Services declared it might resume as well as reevaluate unfavorable choices on Form I-129, Petition for a Nonimmigrant Worker, made dependent on three revoked strategy updates.

USCIS will for the most part utilize its prudence to acknowledge a movement to resume documented over 30 days after the choice, whenever recorded before the finish of the legitimacy time frame mentioned on the request or work condition application, whichever is prior, and the choice depended on at least one arrangements in the cancelled H-1B memoranda beneath.

On June 17, 2020, USCIS issued Policy Memorandum 602-0114 (PDF, 379.71 KB), which officially rescinded two prior policy memoranda:

  • HQ 70/6.2.8 (AD 10-24), “Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements (Reference AFM Chapter 31.3(g)(16)),” issued, Jan. 8, 2010; and
  • PM-602-0157 (PDF, 124.09 KB), “Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites,” issued Feb. 22, 2018.

On Feb. 3, 2021, USCIS issued Policy Memorandum 602-0142.1 (PDF, 290.6 KB), which officially rescinded:

  • PM-602-0142 (PDF, 258.68 KB), “Rescission of the December 22, 2000 ‘Guidance memo on H1B computer related positions’,” issued March 31, 2017.

Both Policy Memorandum 602-0114 and Policy Memorandum 602-0142.1 state that they apply to “any pending or new [H-1B Petitions], including motions on and appeals of revocations and denials of H-1B classification.”

An applicant may demand that USCIS resume and additionally rethink antagonistic choices dependent on the three revoked strategy notices by appropriately recording Form I-290B, Notice of Appeal or Motion, joined by the fitting expense.

Also, USCIS has the optional position to acknowledge and think about inopportune movements under particular conditions as clarified in the structure guidelines and allowed by guideline.

Applicants who got an adverse decision on a H-1B appeal dependent on the currently cancelled strategy memoranda ought to consider whether there is time staying in the legitimacy time frame mentioned on the recently recorded H-1B request and the significant work condition application.

USCIS reminds applicants that in any event, motion to reopen or reconsider is filed, recorded, acknowledged, and prepared by USCIS, petitions will stay subject to all remaining and relevant eligibility requirements during any reopening or reconsideration.

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