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New Delhi: There could also be some aid for Indians working because the Biden administration has expressed willingness to rethink the objections or hostile choices on visas like H-1B as a result of three coverage memos by the previous Trump administration which now have been withdrawn.

What it means for Indian professionals within the US?

This specific transfer is more likely to ease restrictions on Indian IT professionals dealing with a tricky time throughout the earlier Trump administration because of numerous insurance policies and memorandums on non-immigrant work visas, notably H-1B.

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The announcement by the US Citizenship and Immigration Companies (USCIS) reads as, “it might reopen and/or rethink hostile choices” on Kind I-129, Petition for a Nonimmigrant Employee, made primarily based on three rescinded coverage memos.

It’s to be famous that USCIS will use discretion to simply accept a movement to reopen filed greater than 30 days after the choice, if filed earlier than the top of the validity interval requested on the petition or labour situation software, whichever is earlier, and the choice was primarily based on a number of insurance policies within the three rescinded H-1B memoranda.

What are the 2 insurance policies withdrawn?

On June 17, 2020, USCIS issued Coverage Memorandum 602-0114, which formally rescinded two prior coverage memoranda. First titled “Figuring out Employer-Worker Relationship for Adjudication of H-1B Petitions, Together with Third-Social gathering Website Placements,” that was issued on January 8, 2010; and second “Contracts and Itineraries Necessities for H-1B Petitions Involving Third-Social gathering Worksites,” issued on February 22, 2018.

On February 3, 2021, USCIS issued Coverage Memorandum 602-0142.1, which formally rescinded PM-602-0142, “Rescission of the December 22, 2000 ”Steering memo on H1B laptop associated positions”,” issued on March 31, 2017.

USCIS mentioned a petitioner might request that it reopen and/or rethink hostile choices primarily based on the three rescinded coverage memos by correctly submitting Kind I-290B, Discover of Enchantment or Movement, accompanied by the suitable payment.

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As well as, USCIS has the discretionary authority to simply accept and take into account premature motions underneath sure circumstances as defined within the type directions and permitted by regulation.

“Petitioners who acquired an hostile choice on an H-1B petition primarily based on the now-rescinded coverage memoranda ought to take into account whether or not there’s time remaining within the validity interval requested on the beforehand filed H-1B petition and the related labour situation software,” USCIS mentioned.

Furthermore, USCIS just lately prolonged by March 31, 2021, COVID-19 associated lodging that have an effect on the deadlines for submitting motions and appeals.

Moreover, USCIS just lately prolonged by March 31, 2021, COVID-19 associated lodging that have an effect on the deadlines for submitting motions and appeals.



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