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

The US Citizenship and Immigration Services (USCIS) on Friday announced that it may reopen and reconsider H-1B visa petitions that had been denied on account of three rescinded policy memos. The agency, which administers the US immigration process, said that it would 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 labor condition application, whichever is earlier.

On June 17, 2020, the USCIS issued a policy memorandum which officially rescinded two prior policies, on determining employer-employee relationship and the contract and itineraries requirement for H-1B workers placed at third-party worksites. These two memos have been used to deny several visa applications for services and subcontracting firms which deploy people at client locations.

Then, on February 3, 2021, the agency issued another memo rescinding the earlier guidance memo on H-1b computer related petitions. These memos 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.”


In the last two years, there have been a series of lawsuits filed against the USCIS for incorrect interpretation of these memos, which eventually resulted in a US court ruling against the agency. Petitioners can request the USCIS to reopen their adverse decisions if based on any of these three memos and if it is within the validity period as specified by the agency.