The Biden administration said on Friday it was willing to reconsider objections or rulings unfavorable to foreign workers on visas like H-1B due to the three policy memos from the previous Trump administration that have now been quashed.
This move is expected to come to the rescue of a large number of Indian IT professionals who were going through a difficult time during the previous Trump administration due to various policies and memoranda on non-immigrant work visas, especially H- 1B.
The United States Citizenship and Immigration Services (USCIS) said Friday “they may reopen and / or reconsider unfavorable decisions” on Form I-129, Petition for a Nonimmigrant Worker, based on three memos policy canceled.
USCIS has said it will generally use its discretion to grant a reopening motion filed more than 30 days after the ruling, if it is filed before the end of the validity period requested on the motion or request for conditions of. work, whichever comes first, and the decision was based on one or more policies in the three canceled H-1B memoranda.
On June 17, 2020, USCIS issued Policy Memorandum 602-0114, which officially rescinded two previous policy memoranda. Firstly titled “Employer-Employee Relationship Determination for H-1B Petition Arbitration, Including Third Party Site Placement,” published January 8, 2010; and second “Contract and Route Requirements for H-1B Petitions Involving Third-Party Worksites,” published February 22, 2018.
On February 3, 2021, USCIS issued Policy Memorandum 602-0142.1, which formally rescinded PM-602-0142, “Rescission of the December 22, 2000 ” Guidance memo on H1B computer related positions ”,” issued on March 31, 2017. Policy Note 602-0114 and Policy Note 602-0142.1 state that they apply to “all [H-1B Petitions], including requests and appeals of revocations and denials of the H-1B classification. “
USCIS has stated that a petitioner can request to reopen and / or reconsider adverse decisions based on the three overturned policy notes by properly filing Form I-290B, Notice of Appeal or Petition, along with appropriate fees.
In addition, USCIS has the discretion to accept and consider untimely motions in certain circumstances, as explained in the form instructions and permitted by regulation.
“Petitioners who have received a negative ruling on an H-1B petition based on the now canceled policy memoranda should consider whether there is time left in the validity period requested on the previously filed H-1B petition and request to corresponding working conditions, ”USCIS mentioned.
USCIS will generally process motions on the basis of a filing order and in accordance with current political guidance, the federal agency said.
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