USCIS May Reopen H-1B Petitions Denied Under Three Rescinded Policy Memos

On Friday, March 12th, the U.S. Citizenship and Immigration Services (USCIS) announced that it may reopen adverse decisions on certain nonimmigrant petitions filed on Form I-129, which includes H-1B petitions, based on three rescinded policy memos:

  • “Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements” (Rescinded June 17, 2020)

  • “Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites” (Rescinded June 17, 2020)

  • “Rescission of the December 22, 2000 ‘Guidance memo on H1B computer related positions’” (Rescinded February 3, 2021)

Employers whose H-1B petitions have previously been denied based on the policy in one of the above three rescinded memos may file a motion to reopen the denial. The USCIS may approve the petition if the denial was based solely on one or more of these memos, and the motion was filed within the validity period requested on the petition or Labor Condition Application (LCA), whichever is earlier. Please contact our office if you have questions on this policy.

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