Biden admin to reconsider H1B objections

Washington: The Biden administration has said it is willing to reconsider the objections or adverse decisions to foreign workers on visas like H1B, the most sought after among Indian IT professionals, due to the three policy memos by the previous Trump regime which now have been rescinded.

The move is expected to come to the rescue of many Indian IT professionals who were having a tough time during the previous Trump administration due to various policies and memorandums on non-immigrant work visas, in particular the H1B. The H1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations that require theoretical or technical expertise. The technology companies depend on it to hire tens of thousands of employees each year from countries like India and China.

The 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may reopen and/or reconsider adverse decisions" on Form I-129, Petition for a Nonimmigrant Worker, made based on three rescinded policy memos. The USCIS said it will generally use its discretion to accept a motion to reopen filed more than 30 days after the decision, if filed before the end of the validity period requested on the petition or labour condition application, whichever is earlier, and the decision was based on one or more policies in the three rescinded H-1B memoranda. On June 17, 2020, the USCIS issued Policy Memorandum 602-0114, which officially rescinded two prior policy memoranda.

First titled "Determining Employer-Employee Relationship for Adjudication of H1B Petitions, Including Third-Party Site Placements," that was issued on January 8, 2010; and second "Contracts and Itineraries Requirements for H1B 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On February 3, 2021, USCIS issued Policy Memorandum 602-0142.1, which officially rescinded PM-602-0142, "Rescission of the December 22, 2000 'Guidance memo on H1B computer related positions'," issued on March 31, 2017.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 (H1B Petitions), including motions on and appeals of revocations and denials of H1B classification."

The USCIS said a petitioner may request that it reopen and/or reconsider adverse decisions based on the three rescinded policy memos by properly filing Form I-290B, Notice of Appeal or Motion, accompanied by the appropriate fee.

In addition, the USCIS has the discretionary authority to accept and consider untimely motions under certain circumstances as explained in the form instructions and permitted by regulation.