The Biden administration said it is willing to reconsider objections to H-1B visas.
Washington:
The Biden administration said Friday that it is willing to reconsider objections or adverse decisions to foreign workers with H-1B visas because of the three policy memoranda from the previous Trump administration that have now been rescinded.
The 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, in particular H-1B.
The US Citizenship and Immigration Services (USCIS) announced Friday that it “may reopen and / or reconsider adverse decisions” on Form I-129, Petition for a Nonimmigrant Worker, made based on three policy memoranda rescinded.
USCIS said that it will generally use its discretion to accept a motion to reopen filed more than 30 days after the decision, if it is filed before the end of the validity period requested in the petition or application for employment status, whichever occurs first, and the The decision was based on one or more policies in the three terminated H-1B memoranda.
On June 17, 2020, USCIS issued Policy Memorandum 602-0114, which officially rescinded two previous Policy Memoranda. First titled “Determination of Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third Party Site Placements,” issued on January 8, 2010; and the second “Contract and schedule requirements for H-1B petitions involving third-party work sites,” issued on February 22, 2018.
On February 3, 2021, USCIS issued Policy Memorandum 602-0142.1, which officially rescinded document PM-602-0142, “Termination of December 22, 2000” H1B Computer-Related Positions Guidance Memorandum, “issued on March 31, 2017. Both Policy Memorandum 602-0114 and Policy Memorandum 602-0142.1 state that they apply to “any [H-1B Petitions], including motions and appeals of revocations and denials of H-1B classification. “
USCIS said that a petitioner can request to reopen and / or reconsider adverse decisions based on the three rescinded policy memoranda by properly filing Form I-290B, Notice of Appeal or Motion, accompanied by the appropriate fee.
Additionally, USCIS has the discretionary authority to accept and consider untimely motions under certain circumstances, as explained in the form instructions and permitted by regulation.
“Petitioners who received an adverse decision on an H-1B petition based on the now rescinded policy memoranda should consider whether there is time left in the validity period requested in the previously filed H-1B petition and the relevant employment status request,” USCIS said.
USCIS will generally process motions based on the order of production and in accordance with current policy guidance, the federal agency said.
(This story has not been edited by NDTV staff and is automatically generated from a syndicated feed.)
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