USCIS will review denials of H-1B work visas made under the Trump administration

US Citizenship and Immigration Services announced that it may reopen and / or review adverse decisions on Form I-129 Petition for Nonimmigrant Worker based on three canceled policy memoranda. This is reported on the official website. USCIS.

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USCIS will generally, at its discretion, accept an application to renew the application more than 30 days after the decision is made, if filed before the expiration date requested in the application or statement of working conditions (whichever comes first). and the decision was based on one or the other rules in the canceled memoranda related to H-1B.

On June 17, 2020, USCIS issued policy memorandum 602-0114, which formally canceled the two previous ones, HQ 70 / 6.2.8 (AD 10-24) from 2010 and PM-602-0157 from 2018. These memorandums dealt with issues of the relationship between the employer and the applicant for a work visa, as well as contracts for H-1B petitions.

On February 3, 2021, USCIS issued Policy Memorandum 602-0142.1, which formally canceled the Guidance Memorandum PM-602-0142 on positions related to H1-B visas computer-related, issued in 2017.

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Both Memorandum 602-0114 and Memorandum 602-0142.1 state that they apply to "any pending or new [H-1B petitions], including motions and appeals for cancellation and rejection of H-1B classification."

An applicant may request that USCIS reopen and/or reconsider unfavorable determinations based on three revocation memoranda if the applicant correctly completes Form I-290B, Notice of Appeal or Action with Payment of Applicable Fee.

In addition, USCIS has discretionary power to accept and review late petitions under certain circumstances, as described in the instructions on the form and permitted by regulations.

Applicants who have received an unfavorable decision on the H-1B petition based on the now revoked policy memorandums should consider whether the time remains within the validity period requested in the previously filed H-1B petition and related working conditions statement.

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In addition, USCIS recently extended until March 31, 2021, the conditions related to COVID-19, which affect the timeline for filing petitions and appeals.

USCIS reminds applicants that even if an application for reopening or re-examination is filed, accepted and processed by USCIS, applications must still meet all remaining and relevant eligibility requirements at the time of any reopening or re-examination.

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