The Biden administration said on Friday that it is willing to reconsider the objections or adverse decisions of foreign workers on visas such as H-1B due to three policy memos by the previous Trump administration, which have now been rescinded.
The move is expected to come to the rescue of a large number of Indian IT professionals, who had a difficult time during the last Trump administration due to various policies and memoranda, particularly on non-immigrant work visas in the H-1B.
The US Citizenship and Immigration Service (USCIS) announced on Friday that it could “reopen and / or reconsider Form I-129”, a petition for an autocratic activist, based on three repealed policy statements.
USCIS said it would generally use its discretion to accept a motion to reopen a petition filed more than 30 days after the decision was made, if requested on the petition or labor status application H-1B memorandum saved in three or more policies to be filed before the end of the validity period, whichever is earlier, and the decision was based.
On June 17, 2020, USCIS issued Policy Memorandum 602-0114, which officially rescinded two prior policy memorandums. The first heading was “Determination of employer-employee relationship for adjustment of H-1B petitions, including third-party site placement,” which was issued on January 8, 2010; And a second “contract and travel requirements” to include H-1B petitions, including H-1B petitions issued on February 22, 2018.
On February 3, 2021, USCIS issued Policy Memorandum 602-0142.1, which officially called PM-602-0142, “Defending December 22, 2000 ‘Guidance Memorandum on H1B Computer-Related Posts’,” on March 31, 2017 be released. Policy memorandum 602-0114 and policy memorandum 602-0142.1 state that they apply to “any pending or new” [H-1B Petitions], Including motions and appeals for the cancellation and rejection of the H-1B classification. “USCIS stated that a petitioner may request that it reconsider unfavorable decisions based on three Received Policy Memos by filing the appropriate Form I-290B, Notice of Appeal or Motion, along with the appropriate fee.
In addition, USCIS has discretionary authority to accept and consider disproportionate motions under certain instructions, as set forth in the Forms Directive and permitted by regulation.
“Petitioners have received an adverse decision on the H-1B petition, which is based on the now-canceled policy memorandum, should consider whether the H-1B petition filed earlier and the relevant relevant application on the application Validity period of request remaining “.
USCIS will typically process motions based on the filing order, and conform to current policy guidance, the federal agency said.
.
Leave a Reply