Sun. Sep 25th, 2022

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Biden govt to reconsider objections to H-1B visas during Trump regime

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Objections to H-1B Visas: The US Citizenship and Immigration Services (USCIS) on Friday announced that it might reopen and reconsider H-1B visa petitions that had been denied on account of three rescinded policy memos. The agency, which controls the US immigration process, said that it would utilize its discretion to accept a motion to reopen filed for more than 30 days after the decision if filed before the end of the validity period requested on the petition or labor condition application, whichever is prior.

The move that expected to come to the rescue of an enormous number of Indian IT professionals who were having a tough time during the past Trump government. Because of various policies and memorandums on non-immigrant work visas, in particular H-1B.

On 17th June 2020, the USCIS gave a policy memorandum that authoritatively rescinded two earlier policies. On determining employer-employee relationship and the agreement and itineraries requirement for H-1B workers placed at third-party worksites. These two memos have been utilized to deny a few visa applications for services and subcontracting firms which deploy people at client locations.

Joe Biden admin to reconsider objections to H-1B visas

On 3rd February 2021, USCIS gave Policy Memorandum 602-0142.1, which officially rescinded PM-602-0142. “Rescission of the December 22, 2000 ‘Guidance memo on H1B computer-related positions’,” issued on 31st March 2017. Both Policy Memorandum 602-0114 and Policy Memorandum 602-0142.1 express that they apply to “any pending or new [H-1B Petitions], including motions on and appeals of revocations and denials of H-1B classification.”

USCIS said a petitioner may demand that it reopen and/or reconsider adverse decisions on the three rescinded policy memos. By properly filing Form I-290B, Notice of Appeal or Motion, accompanied by the appropriate fee.

[April 2021 Visa Bulletin]

Over the last two years, there have been a series of claims filed against the USCIS for inaccurate interpretation of these memos. Which eventually resulted in a US court ruling against the agency. Petitioners can demand the USCIS to reopen their adverse decisions. If based on any of these three memos and if it is within the validity period as specified by the agency.

In addition, USCIS has the optional authority to accept and consider untimely motions. Under specific situations as explained in the form instructions and permitted by regulation.

USCIS will generally process motions based on filing order, and consistent with current policy guidance, the federal agency said.

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