Washington:
The Biden administration on Friday mentioned it is prepared to reconsider the objections or adverse choices to foreign workers on visas like H-1B due to the 3 policy memos by the prior Trump administration which now have been rescinded.
The move is anticipated to come to the rescue of a huge quantity of Indian IT specialists who had been obtaining a difficult time through the prior Trump administration due to several policies and memorandums on non-immigrant work visas, in unique H-1B.
US Citizenship and Immigration Services (USCIS) on Friday announced “it may reopen and/or reconsider adverse decisions” on Form I-129, Petition for a Nonimmigrant Worker, produced based on 3 rescinded policy memos.
USCIS mentioned it will normally use its discretion to accept a motion to reopen filed more than 30 days immediately after the selection, if filed just before the finish of the validity period requested on the petition or labour situation application, whichever is earlier, and the selection was based on one or more policies in the 3 rescinded H-1B memoranda.
On June 17, 2020, USCIS issued Policy Memorandum 602-0114, which officially rescinded two prior policy memoranda. First titled “Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements,” that was issued on January 8, 2010 and second “Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites,” issued on February 22, 2018.
On February 3, 2021, USCIS issued Policy Memorandum 602-0142.1, which officially rescinded PM-602-0142, “Rescission of the December 22, 2000 ”Guidance memo on H1B computer related positions”,” issued on March 31, 2017. Both Policy Memorandum 602-0114 and Policy Memorandum 602-0142.1 state 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USCIS mentioned a petitioner may perhaps request that it reopen and/or reconsider adverse choices based on the 3 rescinded policy memos by effectively filing Form I-290B, Notice of Appeal or Motion, accompanied by the suitable charge.
In addition, USCIS has the discretionary authority to accept and look at untimely motions below specific situations as explained in the type guidelines 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“Petitioners who received an adverse decision on an H-1B petition based on the now-rescinded policy memoranda should consider whether there is time remaining in the validity period requested on the previously filed H-1B petition and the relevant labour condition application,” USCIS mentioned.
USCIS will normally procedure motions based on filing order, and constant with present policy guidance, the federal agency mentioned.
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