USCIS to reconsider H-1B applications denied under now rescinded policy memos – Times of India

MUMBAI: The US Citizenship and Immigration Services (USCIS) has announced that it is willing to reconsider the adverse decisions (ie: denial of H-1B visas), due to three policy memos issued under the Trump administration, which have been rescinded.
Two of these policy memos had created challenges where the H-1B beneficiary was to be placed at third party client sites, as it carved out a narrow definition of employer-employee relationship and required detailed itineraries of the H-1B workers to be submitted. Following court orders that were against the Trump administration, USCIS had rescinded these policy memos last June. More recently in February this year, USCIS rescinded a policy memo and recognised computer programmers as a specialist occupation, eligible for the H-1B visa. According to immigration experts, this move will greatly help the IT Services sector.
USCIS states that the sponsoring employer (petitioner) may request the agency to reopen or reconsider adverse decisions based on these rescinded policy memos. A notice of appeal or motion has to be filed along with the required fee. However, petitioners need to ascertain whether there is time remaining in the validity period requested on the previously filed H-1B via application and the relevant labour condition application.

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