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


PTI, Mar 13, 2021, 11:51 AM IST

Washington: The Biden administration on Friday said it is willing to reconsider the objections or adverse decisions to foreign workers on visas like H-1B due to the three policy memos by the previous Trump administration which now have been rescinded.

The move is expected to come to the rescue of a large number of 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 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may reopen and/or reconsider adverse decisions” on Form I-129, Petition for a Nonimmigrant Worker, made based on three rescinded policy memos.

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or labour condition application, whichever is earlier, and the decision was based on one or more policies in the three rescinded H-1B memoranda.

On June 17, 2020, USCIS issued Policy Memorandum 602-0114, which officially rescinded two prior policy memoranda.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On February 3, 2021, USCIS issued Policy Memorandum 602-0142.1, which officially rescinded PM-602-0142, “Rescission of the December 22, 2000 ‘Guidance memo on H1B computer related positions’,” issued on March 31, 2017.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USCIS said a petitioner may request that it reopen and/or reconsider adverse decisions based on the three rescinded policy memos by properly filing Form I-290B, Notice of Appeal or Motion, accompanied by the appropriate fee.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, 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 remaining in the validity period requested on the previously filed H-1B petition and the relevant labour condition application,” USCIS said.

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

Udayavani is now on Telegram. Click here to join our channel and stay updated with the latest news.

Top News

Maharashtra Polls: Eknath Shinde targets Uddhav for `giving up’ Bal Thackeray’s principles for power

Will appear before Lokayukta for questioning in MUDA case, says CM Siddaramaiah

Lies have short life, Cong’s ‘fake’ narrative smashed: Fadnavis

Temple idols found desecrated in Hyderabad, case registered

SC junks plea against quashing of LOC issued to ex-house help of Sushant Singh Rajput

JPC chairman Jagdambika Pal to visit K’taka on Nov 7 to meet farmers protesting Waqf notices

Indian boxer Mandeep Jangra wins WBF’s world title

Related Articles More

‘Idiot’: Former Canadian Sikh minister slams Justin Trudeau over Khalistan issue

Canadian cop suspended for attending pro-Khalistan protest outside Hindu temple

US going to historically tight presidential election

Expect Canadian government to ensure justice, uphold rule of law: PM Modi

Khalistanis clash with people at Hindu temple in Canada, Trudeau says unacceptable

MUST WATCH

Gho Pooja in Deepavali Festival

Melukote Deepavali

Ganapathi Co-operative Society Ltd

Udayavani Chinnara Banna 2024

Annapoorna Aahar | Food Places In Mysore


Latest Additions

Davanagere: Man murdered by relative for insurance money; 4 arrested within 24 hours

Heroin worth Rs 3.5 crore recovered in police raid in Delhi, 2 arrested

Govt clerk found dead in Tahsildar’s chamber, FIR filed against minister’s PA, 2 others

Treated Muslims like fuel for ‘lantern’: Prashant Kishor targets Lalu, asks upper castes to stay away from Nitish

MP Brijesh Chowta urges Kerala CM for strict action against attack on Edneer Swamiji’s vehicle

Thanks for visiting Udayavani

You seem to have an Ad Blocker on.
To continue reading, please turn it off or whitelist Udayavani.