USCIS May Reopen H-1B Petitions Denials Based on Rescinded Policies

By Vandana Marath

United States Citizenship and Immigration Services (USCIS) has announced that it may reconsider or reopen unfavorable decisions made on Form I-129, Petition for a Nonimmigrant Worker based on rescinded USCIS policies[1]. The rescinded polices included, among other things, stricter documentation requirements for proving the employer-employee relationship.

Petitioners can file a motion to reopen and/or reconsider for an adverse decision based on one of the rescinded policy memos by filing Form I-290B, Notice of Appeal or Motion along with appropriate filing fees. In some cases, USCIS will accept motions filed more than 30 days after the adverse decision was received, if they are filed before the end of the validity period requested on the original H-1B petition or labor condition application (whichever is earlier).

USCIS has also extended COVID-19 accommodations until March 31^st, 2021.

Conclusion

For help understanding whether your H-1B petition or labor condition application may qualify to be reopened or reconsidered, please contact your trusted Chugh, LLP attorney.

[1] The two policy memoranda in question include: (1) Policy Memorandum 602-0114, which rescinded HQ 70/6.2.8 (AD 10-24), “Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements (Reference AFM Chapter 31.3(g)(16)),” issued, Jan. 8, 2010; and PM-602-0157, “Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites,” issued Feb. 22, 2018. (2) Policy Memorandum 602-0142.1 which rescinded PM-602-0142, “Rescission of the December 22, 2000 ‘Guidance memo on H1B computer related positions’,” issued March 31, 2017.