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Objections to H-1B Visas during Trump Regime to be reconsidered by Biden

In a welcome move by the Biden administration,it has been revealed on Friday that the administration is inclined to reassess the objections or unfavourable decisions to foreign workers on visas like H-1B due to the three policy memos by the preceeding Trump administration which now have been revoked.

The welcome decision is expected to come to the saving of a huge number of Indian IT professionals who were having a difficult time during the preceeding Trump administration due to such policies and guidelines on non-immigrant work visas, mostly in relation with H-1B.US Citizenship and Immigration Services (USCIS) on Friday said”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may reopen and/or reconsider adverse decisions” on Form I-129, Petition for a Nonimmigrant Worker, made based on three rescinded policy memos.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 probably use its judgement 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or labour condition application, whichever is earlier, and the decision was based on lot of policies in the three rescinded H-1B memoranda.

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USCIS issued Policy Memorandum 602-0114, which officially rescinded two prior policy memoranda on June 17, 2020. 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Worksites,” issued on February 22, 2018.USCIS had earlier issued Policy Memorandum 602-0142.1, which officially rescinded PM-602-0142, “Rescission of the December 22, 2000 ”Guidance memo on H1B computer related positions”,” issued on March 31, 2017.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], includes motions on and appeals of revocations and denials of H-1B classification.””Petitioners who received an adverse decision on an H-1B petition based on the now-rescinded policy memoranda should consider whether there is time remaining in the validity period requested on the previously filed H-1B petition and the relevant labour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 added

The US government issues 85,000 H-1B work permits in all annually.Out of these, 65,000 are for people with specialty occupations, while the rest 20,000 are kept for those foreign workers who have earned a masters or higher university degree while in the US.






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