USCIS will re-open and approve the H-1B petitions denied based on Employee-Employer relationship, Itinerary/Control & Computer Programmer memos, if MTR is filed.

March 12, 2021
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USCIS today announced it may reopen and/or reconsider denials on Form I-129, Petition for a Nonimmigrant Worker, made based on the below three rescinded policy memos.
  • Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements,” issued, Jan. 8, 2010; and
  • “Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites,” issued Feb. 22, 2018.
  • Guidance memo on H1B computer related positions’,” issued March 31, 2017.
A petitioner may request that USCIS reopen and/or reconsider adverse decisions based on the three rescinded policy memos by properly filing Form I-290B, Notice of Appeal or Motion, accompanied by the appropriate fee. USCIS will accept untimely filed Motion to Reopen & Reconsider, if filed before the end of the validity period requested on the petition or labor condition application, whichever is earlier. USCIS may exercise discretionary authority to accept and consider untimely motions under these circumstances. Petitioners who received an adverse decision on an H-1B petition based on the now-rescinded policy memoranda should consider whether there is time remaining in the validity period requested on the previously filed H-1B petition and the relevant labor condition application.  And if there is remaining time on the validity period requested, and you intent to file a Motion to Reopen, please reach out to our office via email at research@thomasvallen.com

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